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NCJRS Abstract

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NCJ Number: 98196 Find in a Library
Title: Drunk Driving Defense - Supplement
Author(s): L Taylor
Date Published: 1984
Page Count: 174
Sponsoring Agency: Little, Brown and Co
Boston, MA 02106
Sale Source: Little, Brown and Co
34 Beacon Street
Boston, MA 02106
United States of America
Language: English
Country: United States of America
Annotation: This supplement updates a previous volume that surveys case law and scientific studies that can be used in defending a person charged with drunk driving.
Abstract: Federal and State legislation imposing tougher drunk driving laws and stiffer penalties is surveyed. The supplement then focuses on pretrial issues, including right to a jury trial, the use of expert witnesses, chemical tests, and road blocks. Examples of discovery pleadings and a sample memo in support of a motion to suppress chemical evidence are provided. The trial section initially addresses voir dire and then discusses field and chemical evidence. It includes summaries of research studies which question the accuracy of blood-alchohol level tests as a measure of intoxication, new State laws in which the offense is having a designated amount of alcohol in the blood, refusal to take a blood-alcohol level test, testing methods, and the effects of radio frequency interference on Breathalyzer instruments. An illustrative trial examination is supplied. The final section on posttrial considerations examines the effects of different sentencing options and the sweat patch test for measuring alcohol consumption over a 3-day period. A sample pleading for seeking administrative review of a license revocation is appended. Cases, government reports, and articles are cited in each section. The supplement also indicates where each subsection should be inserted in the original volume. Approximately 50 references and an index are supplied. For related document, see NCJ 96685.
Index Term(s): Alcohol consumption analysis; Defense counsel; Defense preparation; Driving Under the Influence (DUI); Drunk offenders
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