NCJ Number
96685
Date Published
1981
Length
734 pages
Annotation
This text provides materials necessary for preparing counsel for effectively defending or prosecuting the drunk for effectively defending or prosecuting the drunk driving case.
Abstract
The nature of the crime of drunk driving is discussed, and the three elements of the corpus delicti are examined: (l) driving a vehicle, (2) on a road or highway, (3) while under the influence of intoxicating liquor. The initial evaluation of the case is considered, and attention is focused on felony drunk driving, drug use, and civil standards of intoxication. Pretrial procedures are identified, and the voir dire examination of prospective jurors is described. Arguments against an opening statement by the attorney for the defense are presented. The types of evidence produced by the prosecution to establish that the defendant was driving a vehicle while under the influence are divided into two types: (1) observations of witnesses at the scene of the driving and (2) chemical testing of the defendant's blood, breath, or urine. A sample case is presented that addresses the various testimonial phases of a drunk driving trial, focusing on both direct and cross-examination. Finally, sentencing considerations are addressed, as are license suspension hearings and probation violation hearings. A supplementary volume suggests additions to the text based on more recent legislation and court cases. Approximately 150 references are provided, as are 15 checklists, 18 forms, and tables of pleadings and cases.