1 / 16

Issuing the DWI Case: A Prosecutor’s Perspective

Issuing the DWI Case: A Prosecutor’s Perspective. “The First 30 seconds…” Philippa E. Barrett Chief Misdemeanor Officer St. Louis Circuit Attorney’s Office. What am I looking for in the first 30 seconds of the warrant application?. What happened? Facts, charges Who is involved?

marc
Download Presentation

Issuing the DWI Case: A Prosecutor’s Perspective

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Issuing the DWI Case: A Prosecutor’s Perspective “The First 30 seconds…” Philippa E. Barrett Chief Misdemeanor Officer St. Louis Circuit Attorney’s Office

  2. What am I looking for in the first 30 seconds of the warrant application? • What happened? • Facts, charges • Who is involved? • Offender, victim, witnesses • Has the offender done this before? • Prior history

  3. What happened?

  4. What happened?Best resource = Police Officer • At the scene – what did you • See? • Hear? • Smell? • Feel?

  5. What happened?Other resources... • Police report(s) • Victim and Witness interviews • Test results • BAC, blood, accident reconstruction • Video of refusal • Media reports • e.g. photos of the scene on the Post Dispatch website showed pieces of the offender’s car in the street.

  6. What happened?Prosecutor must prove: 1. The offender; 2. was driving; 3. in an intoxicated condition; And, for Manslaughter/Assault 2nd; 4. acted negligently to cause death/injury.

  7. What happened?Proving it… • Evidence • Police officer testimony • Victim and Witness testimony • Offender “testimony” • Expert Witness testimony • Scientific evidence: lab test results, breathalyzer results • Accident reconstructionist’s findings. • The people involvedmake my case, not the test results.

  8. What happened?Proving It… • Sobriety tests and lab results may be useful but are not always available. • If you did do tests, you will be cross examined at length about how you conducted them. • A distraction tactic? Maybe… • Ultimately a DWI case is about common sense – most people can tell when someone is drunk. • See, hear, smell, feel… • Don’t get so caught up in the tests that you forget your own common sense(s).

  9. Who is involved?

  10. Who is involved? • Did someone get hurt ? • Who are they? • Child • Adult • Innocent bystander • Relative or friend of offender • Offender • Are they or their family involved with the warrant application? • What do they think should happen? • What do they need from Victim Services?

  11. Who is involved? • May have little effect on what is ultimately charged, but will define the dynamic of your case, and may effect your decision-making process. • Bystander vs. passenger • Sober vs. drunk • Child vs. adult • “Contributory negligence” • This is the most human part of the charging process…and perhaps the hardest part.

  12. Has the offender done this before?

  13. Has the offender done this before? • DWI - Offender’s history determines how case is charged. • First time = class B misdemeanor • Second time = class A misdemeanor • Third time = class D felony Hard part is locating and proving the previous offenses. DWITS helps.

  14. Has the offender done this before? • Offender history in Manslaughter and Assault 2nd cases comes into play at sentencing. • Note: Can’t introduce evidence of offender’s prior DWI history to jury unless offender testifies.

  15. Has the offender done this before? • Critical information for bond hearings before trial. • Critical information for sentencing. • We start with recommending 30 days of SCRAM, VIP, 2 years of to-report probation, and go from there. • So important to us to make sure DWI offenders are treated seriously, all DWI warrant applications come to the CAO for review first. We decide what goes to municipal court – i.e. the REAL first offenders.

  16. The first 30 seconds of the DWI Warrant Application • Prosecutor and Police Officer = team. • Object is to hold the offender accountable. • Work together toward justice. • Determine: • What happened? • Who is involved? • Has the offender done this before?

More Related