NCJ Number
142958
Date Published
1992
Length
180 pages
Annotation
Cases included in this prosecutor's guide to driving while intoxicated and implied consent cases focus on investigation, pretrial and trial procedures, postconviction and trial court appeals, and evidence.
Abstract
The investigation section encompasses investigatory stop and arrest, search and seizure, driving or in physical control, right to counsel, the fifth amendment and self- incrimination, alternative testing, and refusal or incapability to refuse testing. The pretrial and trial procedures sections cover charging considerations, guilty pleas, burden of proof, judicial review, jury instructions, witnesses, admission of evidence, affirmative defenses, and prosecutorial misconduct. The section on postconviction and trial court appeals deals with grounds for reversal, review on appeal, sentencing, driver's license reinstatement, and probation revocation. The evidence section examines alcohol concentration tests, sufficiency of evidence, testing reliability, and suppression of evidence. A table of cases and a list of Minnesota statutes are included.