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Overcoming Impaired Driving Defenses: Targeting Hardcore Impaired Drivers

NCJ Number
207743
Date Published
November 2003
Length
26 pages
Annotation
This guide presents information about the most common defenses in impaired driving cases.
Abstract
Aided by the experience and expertise of Herb Tanner, the 2003 Prosecutor Fellow with the National Highway Traffic Safety Administration (NHTSA), this guide offers tips and strategies for prosecuting hardcore impaired drivers. Pre-trial tactics are discussed and include descriptions of commonly used invalid stop defenses and how to respond to them. Invalid arrest defenses are also explored, such as the oft-used claim that the arresting police officer lacked probable cause for the arrest. Several of these invalid arrest defenses, as well as some Miranda defenses, are presented followed by prosecutorial responses to such defenses. The second half of the guide focuses on common trial tactics used to defend impaired drivers, including attacking the investigation, attacking observations of driving, attacking observations during personal contact, attacking the field sobriety tests, attacking the breath test instruments and their results, and attacking officer’s findings of impairment. For each defense claim, an appropriate prosecutorial response is offered. Other resources for assistance with prosecuting impaired drivers are presented.