NCJ Number
91146
Journal
Prosecutor Volume: 17 Issue: 1 Dated: (Fall 1982) Pages: 19-30
Date Published
1982
Length
12 pages
Annotation
This article familiarizes the prosecutor with evidence gathering that can improve the probability of conviction in driving-under-the-influence-of-drug cases, and pretrial strategies and trial issues are also considered.
Abstract
The drugged driver often slips through the criminal justice system due to the lack of a cooperative program between the prosecutor and police. The investigative methods designed for the drunk driver must be modified for the drugged driver. A structured police program to combat driving under the influence of drugs should be established, with police forms and regulations designed to assist the arresting officer in the investigation. Police regulations should require a drug investigation whenever the breathalyzer test results are inconsistent with the observed impairment of an arrested motorist. The investigating officer should (l) seek a confession of admission from the defendant, (2) check the defendant (particularly arms and legs) for 'track' marks, (3) conduct a search of the defendant's person and car for drugs, (4) conduct a records search to determine whether the defendant has a history of drug offenses or is currently enrolled in a drug-related program, (5) determine the defendant's prior medical history, (6) let an experienced narcotics officer observe the defendant, (7) arrange a medical examination for the defendant, (8) record the examining doctor's opinion regarding the cause of impairment, and (9) attempt to secure the results of a blood or other chemical test for drug impairment. Actual court cases are described where evidence of driving under the influence of drugs was sufficient for a conviction. Seventy-three footnotes are provided.