NCJ Number
61321
Editor(s)
G NICHOLSON,
T W CONDIT
Date Published
1979
Length
167 pages
Annotation
GUIDELINES RELATING TO THE PROSECUTION OF CASES INVOLVING THE OPERATION OF MOTOR VEHICLES WHILE UNDER THE INFLUENCE IN THE STATE OF CALIFORNIA ARE PRESENTED.
Abstract
THE TRIAL PRACTICE MANUAL IS PRACTICAL STEP-BY-STEP TRIAL PRACTICE AID, INTENDED PRIMARILY FOR USE BY MISDEMEANOR TRIAL ATTORNEYS. THE WORK SHOULD CONTRIBUTE TO MORE EFFECTIVE INVESTIGATIVE AND TRIAL PRACTICE EFFORTS BY PROSECUTORS AND LAW ENFORCEMENT PERSONNEL. TOPICS OF THE 14 PRIMARY SECTIONS INCLUDE NATURE OF THE OFFENSE, PROBABLE CAUSE TO ARREST, ADMISSIBILITY OF CHEMICAL TEST RESULTS, REFUSALS, GENERAL PRINCIPLES REGARDING ALCOHOL, TRIAL PREPARATION, AND THE SAMPLE JURY. ADDITIONAL TOPICS ADDRESSED ARE EXAMINATION OF THE ARRESTING OFFICER, EXAMINATION OF THE BLOOD ALCOHOL EXPERT, CROSS EXAMINATION OF DEFENSE WITNESSES, JURY INSTRUCTIONS, ARGUMENT, PRIOR CONVICTIONS, AND RELEVANT CASES. THROUGHOUT THE WORK, APPLICABLE PORTIONS OF THE CALIFORNIA VEHICLE CODE ARE CITED. CASES ILLUSTRATING MAJOR POINTS ARE PRESENTED ALSO AND DISCUSSED FOR CLARIFICATION PURPOSES. BRIEF PRESENTATION OF BASIC FACTS IS MAINTAINED IN THE WORK. RELEVANT EVIDENCE INCLUDES THE FOUR MAJOR CATEGORIES OF MANNER OF DRIVING, APPEARANCE AND DEMEANOR, PERFORMANCE OF FIELD SOBRIETY TESTS, AND BLOOD ALCOHOL LEVEL. THE OBJECTIVE OF THE STATE'S CASE IS TO PROVE THAT THE DEFENDANT WAS DRIVING A CAR AT A TIME WHEN ALCOHOL CAUSED MENTAL OR PHYSICAL IMPAIRMENT WHICH INTERFERED WITH DRIVING IN THE MANNER OF AN ORDINARY, PRUDENT, SOBER PERSON. 'UNDER THE INFLUENCE,' WITHIN THE MEANING OF THE STATUTE, OFTEN FALLS FAR SHORT OF 'DRUNK.' THE LOOSELEAF FORMAT PROVIDES FOR ANNUAL REVISION AND UPDATING OF THE MATERIALS WHICH ARE SEPARATED BY TABS TO FACILITATE ACCESS. AN APPENDIX AND EXHIBITS ARE INCLUDED IN THE MANUAL. (LWM)