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NCJ Number: 31672 Find in a Library
Title: PREPARATION AND TRIAL OF A DRUNKEN DRIVING CASE INVOLVING A BREATHALYZER
Journal: NATIONAL JOURNAL OF CRIMINAL DEFENSE  Volume:1  Issue:1  Dated:(SPRING 1975)  Pages:131-154
Author(s): F X BELLOTTI
Corporate Author: National College of Criminal Defense Lawyers and Public Defenders
College of Law
University of Houston
United State
Date Published: 1975
Page Count: 24
Sponsoring Agency: National College of Criminal Defense Lawyers and Public Defenders
Houston, TX 77004
Format: Article
Language: English
Country: United States of America
Annotation: GENERAL ATTORNEY REFERENCE ON DEFENSE PREPARATION AND PRESENTATION, INCLUDING A DISCUSSION OF THE TECHNICAL AND OPERATIONAL ASPECTS OF ALCOHOL CONSUMPTION ANALYSIS USING THE STEPHENSON MODEL 900 OR 900A BREATHALYZER.
Abstract: A DISCUSSION OF THE GENERAL APPROACH TO THE CASE COVERS THE INITIAL INTERVIEW, CASE INVESTIGATION, DISCOVERY AND LIMITING OF EVIDENCE, TRIAL MOTIONS, SUMMONSING, SETTING UP THE FILE, AND PREPARATION FOR TRIAL. INFORMATION ON THE BREATHALYZER ITSELF CENTERS ON THE STATUTORY AUTHORITY FOR ITS USE, THE THEORY BEHIND AND OPERATION OF THE MACHINE, THE MECHANICS OF THE TEST, THE POTENTIAL FOR HUMAN AND MACHINE ERROR, PHYSICAL CONDITIONS OF THE SUBJECT WHICH MAY AFFECT THE TEST RESULTS, AND OTHER MISCELLANEOUS INFORMATION. SEVERAL BIOLOGICAL AND TEST FACTORS PERTINENT TO THE DEFENSE OF A DRIVING WHILE UNDER THE INFLUENCE CASE ARE ALSO IDENTIFIED. ALSO DISCUSSED ARE DEFENSE CROSS-EXAMINATION OF THE MACHINE OPERATOR, CONDITIONS PRECEDENT TO THE ADMISSIBILITY OF TEST RESULTS, AND THE USE OF A CHEMICAL OR MEDICAL EXPERT WITNESS. A SHORT BIBLIOGRAPHY IS INCLUDED. THE APPENDIX CONTAINS A BRIEF DISCUSSION OF THE REPORTING OF TEST RESULTS FOR MEDICOLEGAL PURPOSES.
Index Term(s): Alcohol consumption analysis; Defense; Defense preparation; Driving Under the Influence (DUI); Medicolegal considerations; Procedure manuals; Reference materials
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31672

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