Monday, December 28, 2009

Ignition interlock fund abuse

If you're convicted of drunk driving, the law requires you get an interlock if you want to drive, but some people say they can't afford the punishment, and get the state to pay part of the cost.

Not everyone is telling the truth, and you end up paying for their lie.

Every year, about 9,000 New Mexicans convicted of DWI get ignition interlocks. Most pay the required cost: Up to $100 to install it, up to $100 a month to rent it, and then another $100 to have it removed.

They also pay another $100 that goes into the state's Indigent Interlock Fund.

That's a fund created by lawmakers to help low-income folks have part of their interlock cost covered.

You also pay into that fund when you buy alcohol.

About $300,000 a year from state alcohol taxes is put into the fund.

About one out of three people with interlocks use the fund, claiming they can't afford it— they get up to half of their interlock costs covered.

That's about 3,000 people a year, but we found some may be lying.

We dug through records of nearly 3,000 cars that had indigent interlocks installed. Dozens are suspicious.

We found 2008 model SUVs and trucks like Nissan Titans, Chevy Avalanches, Toyota Tundras and Ford F-250s.

We found Cadillac Escalades, 2009 motorcycles—like Harley Davidsons and Kawasakis. Even a 2009 BMW.

We couldn't track these people down, because driver information is private.

How do they claim they're low-income?

The law says judges and probation officers determine who needs the fund.

Under oath, in a courtroom, convicts tell a judge they can't afford it.

Often, judges take people at their word or assume because they have a public defender, they are indigent.

Impact DWI's Dr. Dick Roth said, "So clearly, there are some people who are getting by with utilizing the indigent fund who could really afford to install the interlock themselves."

Roth, whose group helped push for the fund, says relying on judges and the courts to gauge who is indigent clearly allows convicts to lie and abuse the system.

He says in the long run, that's not the best way to gauge who needs the fund.

"The fund had a surplus up until this year, but that surplus is rapidly being eroded because so many people are qualifying under our present standards," Dr. Roth said.

He believes the state should designate one person to oversee applicants, by checking their tax forms and check stubs.

Tim Hallford, Interlock provider and vice president of the Interlock Association said, "We think that the indigent fund is important, and we think it supports our goal, which is to make our roads safer."

He says the fund no doubt saves lives, and helps those who really need it, but he says he's seen abuse first-hand.

Hallford said, "We just have somebody that walks in the door with a court order that tells us we to put this on the motorcycle, and the car, and we do. And we've also been known to call probation officers and the courts and say, hey, this guy's driving a new car, and I don't know that he's indigent. And I do know, at times, there has been a response where people have been removed from the indigency because of our call."

Linda Atkinson of the DWI Resource Center calls what we found absurd, and says there needs to be more oversight.

Atkinson said, "So the clever people that are breaking the law driving are breaking the law again by lying about their economic status."

As for the New Mexico Department of Transportation— the agency responsible for managing the fund— spokesman Mark Slimp says it would take an act of the legislature to change how people are determined to be indigent.

Slimp said, "Well, my thoughts don't really count. I'm sure there are probably some that would seem suspicious at first glance, although no one really knows what an actually person's financial status is."

So what's the answer? The state admits the law has allowed a lot of people to claim they're low-income and calls itself a victim of interlock success.

As long as convicts are allowed to lie to judges who take their word, the fund will be abused at your expense.

One side note— The abuse is even contributing to another problem: Paperwork.

It often takes months for interlock businesses to be reimbursed.

Some companies are owed more than $100,000.


Source

Tuesday, December 15, 2009

DWI

A 39-year-old Minneapolis man was arrested for second-degree DWI, expired license plates and no proof of insurance after he was stopped for driving 32 mph in a 50 mph zone in the 14200 block of Quentin Avenue on Nov. 6. According to police, the man has two previous DWI convictions.

On Nov. 7 a 48-year-old woman from Savage was arrested for fourth-degree DWI after police responded to a report of a wrong-way driver in the 8800 block of Carriage Hill Road.

A 30-year-old Plymouth man was arrested for fourth-degree DWI after he was stopped for speeding near Highway 13 and West 128th Street on Nov. 8.


Source

Wednesday, October 7, 2009

Wakefield police to hold first sobriety checkpoint this weekend

WAKEFIELD — Thanks to a federal grant and a court order, police will establish the town's first sobriety checkpoint sometime this weekend to combat increasing incidents and accidents connected to drinking and driving.

While police have not released a specific time and place, Lt. Mark O'Brien, who will supervise the checkpoint, said officers will set up one checkpoint on one road between Friday and Sunday based on past DWI arrest data.

"It's not to inconvenience them (drivers). It's to get the impairment off the road," O'Brien said, adding participants will have to opportunity to fill out survey forms at the checkpoints.

O'Brien said other departments throughout the state — including Portsmouth, Conway and Center Harbor — have received "a lot of good feedback" from residents about their checkpoints.

Police will be stopping vehicles for a specific amount of time to interview the drivers in accordance with a "tight operation plan" to protect people's constitutional rights against illegal search and seizure based on a court order and state law, O'Brien said.

"It's not entrapment, it's a random checkpoint," O'Brien said. Vehicles will be stopped as officers at the checkpoint are available.

O'Brien said further action will only occur at the checkpoint if officers find probable cause. He added a drug recognition expert will also be at the scene to assist officers.

"If we ran 300 cars through and get no DWIs, I'll consider it a success," O'Brien said. Regular patrols will continue normally in the rest of the community while the checkpoint is operation as officers receive assistance from Wolfeboro police, Ossipee police, the Carroll County Sheriffs Office and N.H. State Police Troop E.

In 2007, there were 122 fatal driving accidents in the state and 41 of them — or 33.6 percent — were alcohol related, O'Brien said, adding he could not recall when the last alcohol-related fatality was in town.

O'Brien said there were 27 DWI arrests in Wakefield in 2003, 51 in 2004, 29 in 2005, 30 in 2006, 23 in 2007 and 19 in 2008. He added these numbers represented arrests only, not convictions.

"We're going to have a lot more DWIs this year," O'Brien said, adding this is due to police patrolling more, not because of an increase of drinking during tough economic times.

Source

Monday, September 28, 2009

Accused N.C. lawyer is missing

Chad Lee, a Johnston County attorney who faces charges of tampering with dozens of DWI cases, has disappeared.

His father, retired prison warden Roby Lee, reported him missing to Johnston County Sheriff Steve Bizzell on Tuesday. He last saw Lee's Toyota truck June 25 outside a Holiday Inn in Warsaw, Bizzell said. Roby Lee waited for his son to come outside the hotel. Eventually, Roby Lee went into the motel office. When he came back, Chad Lee's truck was gone.

Chad Lee was a well regarded criminal defense attorney who had fallen hard this year. He was indicted in March for obstructing justice by filing fraudulent dismissal forms with dozens of drunk driving cases he was hired to defend. Four other attorneys and a former clerk of court have also been charged.

Many courthouse officials have noticed Lee's absence in recent weeks. On Monday, Lee did not show up in superior court to defend a client at trial. A judge appointed another attorney to take up the case.

Bizzell has assigned two detectives to the case. They will sift through credit card charges and cell phone records in hopes of finding Lee.

Source

Monday, September 14, 2009

Cheap Auto Insurance and SR22 Leader Serenity Insurance Group now has Agents Available Nights and Weekends

Cheap Auto Insurance and SR22 Leader Available Nights and Weekends. Serenity Insurance Group, the leader in customer service based Affordable Car Insurance for high risk and preferred drivers, now has agents available to respond to auto insurance quote requests during night and weekend hours. Beginning June 18, 2009, Serenity will have automotive insurance specialists available by telephone, by live chat, or by filling out the online quote request form on the Serenity Group website  Extended hours for Monday through Saturday run until 8:00 P.M.Pacific Standard Time (PST) and agents are available by phone, by live online chat and by filling out an online form.



DUI drivers can now obtain affordable SR22 Insurance with a phone call or simple online form during extended night and weekend hours. Serenity Insurance Group today announced the expansion of their DUI and DWI Insurance coverage area to include 47 states and expansion of hours of full time coverage by licensed insurance agents up until 8:00 P.M. PST. These expanded service times mean that almost all drivers can now take immediate advantage of the low cost and easy accessibility of the SR22 Insurance coverage and cheap auto insurance options offered by Serenity Insurance.

Drivers who have been convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) are required to maintain special insurance coverage. In many states, this is documented by an SR22 filing by an insurance company that writes this type of coverage. Serenity is now able to supply SR22 forms in all but three states and is also able to supply ATV Insurance, Motorcycle Insurance coverage, umbrella policies and a variety of other insurance needs.

Source

Sunday, August 30, 2009

How far the research of DWI attorneys influence the results?

There is’ nothing good than to obey all rules and regulations which have been made to protect citizen rights. Consider yourself to be the sufferer in case of someone’ act of irresponsibility, how would you feel if nay of your love done will come-across any fatal or injurious accident due to Driving While impaired (DWI) condition. It won’t help for sure. Laws of all states discourages DWI and the people arrested with DWI are subjected to extreme punishments once their fault is proven in the court of justice.


DWI has been made complicated by the latest additions to laws and DWI attorneys have come-up with few really difficult allegations to prove objections about the criminal who is caught and arrested under the DWI act. It has become quiet difficult to establish any criminal’s crime after he has been arrested on the driving seat. DWI attorneys have invented many new methods and ways toprotect their clients by charging them heavy fees. DWI attorneys have gained very mush skill in defending their client’s position in DWI cases. The best thing they undertake is the review of the case to find out any kind of defects or loop holes in the making of the case. They mat indulge the jury in different technicalities to create any room for their clients escape from the prison and fine. DI attorney may seek the status of maintenance and calibration of breath machine. He may ask the authorities to furnish maintenance slip and certification from the concerned authority that breathing machine is in right condition to recd the breathing status of any criminal. DWI attorney may also ask for a separate analysis of blood of the criminal to find out the amount of percentage of alcohol or any other material in the blood of the criminal.

All these measures are adopted by DWI attorneys to negotiate for lenient charge and reduced sentence and to get some expert witness for trial. A killed DWI attorney may question the qualification of the blood technician and his reliability of the laboratory where the blood samples are being tested. There are thousands of way sin which DWI attorneys can come p with something really tricky and they can achieve their clients objectives. These things cannot change the realities but they can bring to the picture some of the things which have never been previously considered to be of any importance in such cases. Research has been the key for all the DWI attorneys and they have proven their unique ability in resolving most complex cases with just a very simple but insightful justification about the different processes involved in this type of cases.
DWI attorneys have done tremendous research and have evolved exciting new dimensions in the cases which have proven very helpful in saving some of the innocent people from punishment or long sentences. Prosecution in DWI cases heavily relies on the breath, blood and urine chemical tests, so, there is every chance of finding something really supportive for the case once careful review by DWI attorney. DWI attorneys really matters in getting favorable results of all the cases which falls under this allegation. 



Source

Monday, August 17, 2009

WHAT ARE THE PENALTIES FOR DWI?

Being charged with and convicted of Driving While Intoxicated (either via alcohol or drugs) under N.J.S.A. 39:4-50 has serious consequences in New Jersey. There are both direct consequences and collateral consequences that arise from a conviction of DWI. This article will address the direct consequences (only), which can result in a jail term, a significant loss of your driver's license through suspension or revocation and high monetary penalties. With respect to the collateral consequences, an attorney should always be consulted. The penalties for DWI, vary upon the number of prior convictions for DWI that you may have and the location of the incident (i.e. increased penalties if the event happened near or on school grounds). In the coming days, I will be creating a chart that should provide you with an idea of the potential penalties that you face.

Source

Monday, August 3, 2009

Every Lawyer's Guide to DUI/DWI

It's a question your most important client might pose, or maybe your neighbor: "What should I do if I'm stopped for DUI?" Here's an overview for lawyers who don't practice DUI law.

"Field-sobriety tests in Illinois may be refused without penalty, and the risk of erroneous interpretation by an officer far outweighs the benefit of performing them."

This article gives non-DUI practitioners a general overview of the DUI laws, describes how a DUI arrest occurs, and offers general information to help you answer that all-too-often asked question by clients and others: "What should I do if I'm stopped for DUI?"
To begin with, note that there are two basic parts to a DUI; the summary suspension and the criminal charge.

I- The Criminal Charge

"DUI" stands for "driving under the influence" of alcohol, drugs, or a combination thereof (625 ILCS 5/11-501). The penalty for a first time DUI is a Class A criminal misdemeanor punishable by up to 365 days jail and/or a $2,500 fine. There are four basic DUI elements: (1) Driving or actual physical control (2) of any vehicle (3) anywhere in the state (4) while under the influence of alcohol and/or drugs.

Let's look at the first three elements individually. "Driving or actual physical control." The phrase "driving or actual physical control" means that a person may get a DUI even if he or she is simply sleeping or sitting in a parked motor vehicle. See, e.g., City of Naperville vs. Watson, 175 Ill 2d 399, 677 NE2d 955 (1997). Whether a person is in actual physical control is a question of fact. Courts look to such factors as possession, whether the subject has the keys, whether the keys are in ignition, whether the subject is in the driver's seat, whether he or she owns the vehicle, where the vehicle is located, etc., to determine actual physical control. See, e.g., People vs. Brown, 175 Ill App 3d 676, 530 NE2d 74 (2d D 1998). Further, the police need not observe the person in the car to prove that he or she was in "actual physical control". Circumstantial evidence such as being the only person walking down a lonely street one block from a car in a ditch can be enough to establish actual physical control or recent operation. People vs. Jones, 198 Ill App 3d 572, 555 NE2d 1143 (3d D 1990).

"Of any vehicle". In Illinois, a vehicle is defined as "every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles." (625 ILCS 5/1-217) Thus, cars, motorcycles, mopeds, and even electric scooters could be considered vehicles. In fact, even a horse may be considered vehicles. See 625 ILCS 5/11-206. The fact that a vehicle is inoperable is not a defense unless it has been issued a junk certificate or falls within the definition of a junk vehicle under 625 ILCS 5/1-134.1. People vs. Cummings, 176 Ill App 3d 293, 530 NE2d 672 (3d D 1988).

"Anywhere in the state." It is not a defense to the criminal charge of DUI that the car was not on a highway. ("But I was parked in my driveway!") People vs. Guynn, 33 Ill App 3d 736, 338 NE2d 239 (3d D 1975).

II- The Summary Suspension

In Illinois, drivers may receive up-front (i.e., beginning on the 46th day following arrest) suspension of their driving privileges if they are arrested for a criminal DUI and then score a .08 or greater on a breath/blood test or have illegal drugs in their system, or if they refuse chemical testing. 625 ILCS 5/11-501.1.

Drivers who have not been arrested for DUI in the past five years face a three-month suspension if they fail the test(s) or a six-month suspension if they refuse (625 ILCS 5/11-500; 625 ILCS 5/6-208.1). Either way, they can apply for a hardship license for work or school effective on the 31st day of the suspension (625 ILCS 5/6-206.1). For all others, the length of suspension is one year for failing and three years for refusing (625 ILCS 5/6-208.1). No hardship license is available to them (625 ILCS 5/6-206.1).
Thus, in most cases, your client is faced with a dilemma at the police station: "Do I take the breath test or do I refuse?"

Right to Attorney Prior to Chemical Testing

Most DUI lawyers would recommend that clients not take the test unless they're absolutely sure to pass. In Illinois, however, a person has no right to consult with an attorney prior to deciding whether or not to submit to a test. People vs. Gaddi, 145 III App 3d 227, 494 NE2d 696 (1st D 1986).

However, if an officer affords the defendant an opportunity to consult with an attorney prior to testing, he or she cannot unreasonably interfere with the exercise of that right. People vs. Kern, 182 III App 3d 414, 538 NE2d 184 (3d D 1989). Further, the mere insistence on consulting with an attorney, standing alone and not as a condition of taking the test, does not constitute a refusal to submit for summary suspension purposes.

A Typical DUI Arrest

The typical DUI arrest involves four phases: (1) vehicle in motion, (2) personal contact, (3) pre-arrest screening, and (4) post-arrest processing.

(1) Vehicle in motion. At this stage, the officer is asking himself the following question: "Should I stop the vehicle?" Typically, a vehicle may be stopped for any violation of the rules of the road, such as improper lane usage, speeding, or even an equipment violation. See, e.g., People vs. Hood, 265 III App 3d 232, 638 NE2d 264 (4th D 1994).
A police officer may not, however, stop a vehicle based solely on an anonymous tip about "drunk driving." See, e.g., People vs. Moraca, 124 III App 3d 561, 464 NE2d 312 (2d D 1984). Further, driving too slowly, weaving within the lane, and unusual (but legal) behavior do not justify stopping a vehicle. City of Highland Park vs. Lee, 291 III App 3d 48, 683 NE2d 962 (2d D 1997); People vs. Dionesotes, 235 III App 3d 967, 603 NE2d 118 (2d D 1992); People vs. Manders, 317 III App 3d 337, 740 NE2d 64 (2d D 2000).

Other forms of contact include arriving at accident scenes or locating a driver sleeping behind the wheel. These two areas are considered community care-taking functions, where no "stop" actually occurs. See People v Murray, 137 III 2d 382, 560 NE2d 309 (1990).

(2) Personal contact. After stopping a vehicle, the officer makes observations to determine whether to ask the driver to exit the vehicle. The officer is observing for the odor of alcohol, bloodshot and/or glassy eyes, slurred speech, fumbling with the license, and other indicia of intoxication. The officer will also generally ask whether the driver has been drinking and, if so, how much, when, and where. He or she may also ask a question that requires two unrelated answers, such as "what year is your car and where are you heading this evening?" to see if the driver can think properly. The last part of the personal contact phase may be to ask the subject to say a part of the alphabet, or to count backwards from 67 to 43, in attempt to gauge mental impairment. At this point, the driver might be requested to exit the vehicle for further testing.

(3) Pre-arrest screening. Pre-arrest screening consists mainly of field-sobriety tests and portable breath testing. In Illinois, field-sobriety tests and portable breath tests are optional, and a driver faces no penalties for refusing to submit to these tests.
Further, in Illinois there is no requirement that the field-sobriety tests be valid or standardized, with the exception of the horizontal gaze nystagmus ("HGN") test. See People vs. Bostelman, 325 III App 3d 22, 756 NE2d 953 (2d D 2001); People vs. Basler, 193 III 2d 545, 740 NE2d 1 (2000).

The most common field tests are the "one-leg stand," "walk and turn," and HGN tests. These three tests have their source from the National Highway Traffic Safety Administration (NHTSA) development of standardized field-sobriety tests, which were created and validated in the early 1980s. Modified versions of the "one-leg stand" test in Illinois still generally require a person to stand on one foot with the other raised in the air for at least 30 seconds. Testimony in court about whether a person has passed or failed this test often varies depending on the police department, or even the particular officer, administering the test. The validity of these tests, when not conducted in accordance with NHTSA standards, has never been established.

The "walk and turn" test also varies among officers and departments. Generally, however, the test requires a person to walk nine steps heel-to-toe in a straight lane, pivot, and walk back nine steps heel-to-toe in a straight line. Unfortunately, whether a person has passed or failed has been left to officer discretion in Illinois, despite the clear dictates of NHTSA that the tests are not valid unless standardized administration and scoring is followed.

The portable breath test employs hand-held devices designed to estimate a person's blood alcohol concentration. All manufacturers of these devices require a minimum 15-minute deprivation period to validate these test results.

(4) Post-arrest processing. Post-arrest processing of a DUI includes chemical testing of an arrestee and an interview process. Drivers have the right to refuse to be interviewed after being arrested for DUI, and their silence may not be used against them in a court of
law.

The chemical testing may include blood, breath, or urine testing for alcohol and drugs. (625 ILCS 5/11-501.2). Out of those three, blood testing is considered the most accurate for alcohol or drugs. Urine is considered the least accurate. Regarding breath testing, the Illinois Supreme Court stated that it is an "empirical fact that breathalyzer tests, while generally valid, are not fool-proof." People vs. Orth, 124 III 2d 326, 530 NE2d 210 (1988).

A person who submits to chemical testing has the right to obtain an independent test of his or her own choosing by statute. The courts, however, have never spoken about how this right can or should be enforced (625 ILCS 5/11-501.2(a)(3)).

Answering the Late-night Call

As a general rule, think about the following issues when you receive that late-night call from a client. Field-sobriety tests in Illinois are optional and may be refused without penalty. Because Illinois does not require these tests to be validated by the scientific or medical community, the risk of erroneous interpretation by an officer far outweighs the benefit of attempting to perform them.

Portable breath tests in Illinois are optional. Because the rules governing portable breath testing no longer require the officer to comply with the manufacturer's recommended operating procedures, the risk of an erroneous result far exceeds the benefit of taking one.

Chemical testing in Illinois consists of breath, blood, or urine analysis. Because a driver may be penalized for refusing these tests, an attorney may want to avoid advising a client whether to take (or refuse) these tests. Note, however, that it is generally much harder to successfully defend a person who has failed chemical testing.

Statements by an accused about consumption of alcohol and/or drugs rarely help the situation. A client should always be advised to decline an interview and thus avoid possible misinterpretation by the investigating police department.

Clients who have recently been arrested should be advised to take the following steps:

• Videotape their condition after they are released from custody for potential useful evidence at trial.
• Photograph the area where any field tests were taken for weather conditions, uneven areas or other conditions that may have affected the fairness of the tests.
• Videotape the route driven by the motorist.
• Tape record their speech as soon as possible.
• Obtain independent blood tests as soon as possible, if helpful.
• Seek the advice of an experienced DUI attorney as soon as possible.

Source

Monday, July 20, 2009

DWI Convictions and Insurance Rates - A Negative Relationship

We all know that when we are given a speeding ticket or get into a car accident our insurance rates will go up. A DWI or DUI conviction works in the same way except has a larger effect on the rates a person is charged. An individual that is convicted of a DWI or DUI can expect their pocketbook to take a hard hit from insurance rates, on top of the fines and penalties imposed by the state.
Before an individual that has been convicted of a DWI can get his or her license back, the driver is required to show an SR-22 form. This is not a type of insurance as much as proof that a driver has the various types of insurance required by the state. The SR-22 is filed by an insurance company and states that the driver in question has auto liability insurance and it is in effect. This procedure is frequently required when insurance is provided to an individual who was in an accident or was convicted of a traffic offense and was unable to show financial responsibility at the time of the offense.
The majority of auto insurance carriers will be able to provide an SR-22 form and may be able to insure your vehicle(s) as well. Unfortunately, the minute a person requests an SR-22 form, he or she is considered a high-risk driver by the insurance companies. Considering that this form is required after a traffic offense conviction, this might not be completely off the mark.
Once an individual is a high-risk driver, he or she can expect the insurance premiums paid to possibly double, maybe even triple. If a person had previous discounts for a safe driving record and no claims on their insurance, the increase in insurance premiums can be even worse.
An individual who has been convicted of a DWI or DUI (the term depends on the state) may find it quite beneficial to shop around for the best rates possible. There are a variety of insurance companies that specialize in providing high-risk policies. Another option is to insure one vehicle on a high-risk policy and put all other vehicles and drivers on a different policy.
It is important to remember that not all insurance companies will provide insurance after a DWI conviction and they will not provide the SR-22 form. When a driver is convicted of a DWI, if the insurance company does not provide SR-22 forms, there is a good chance that the company will cancel or not renew the convicted driver's current policy. A cancellation on a person's claims history will drive up the price of future premiums.

Source

Monday, July 6, 2009

MINNESOTA DWI Forms Packet

PROBLEM IDENTIFICATION

Research shows that one of the biggest deterrents for an officer to arrest a person for DWI (Driving While Intoxicated) is the quantity of forms required to complete a DWI arrest. Often an officer does not have the DWI enforcement experience and may be concerned about completing the paperwork correctly or may view the arrest as burdensome due to the amount of paperwork required.
Prior to the Minnesota DWI Forms Packet Program, forms for a DWI arrest were not standardized. Much of the arrest information was provided in a narrative format, so the quality varied depending on the officer. Court personnel found it difficult to locate the necessary information on the forms since the forms were not uniform. In addition, the information provided on the forms may not have been sufficient to bring cases to trial.

GOALS AND OBJECTIVES

The overall goal of the DWI Forms Packet program is to increase DWI arrests and increase the ability of the courts to successfully try DWI cases by creating a standardized, user-friendly, stream-lined DWI forms process.
The program objectives are to:
  • Standardize DWI forms to make it easier to find information and make the quality of reporting more consistent;
  • Reduce the number of redundant forms and redundant information contained in forms;
  • Ensure that all information required to try the case can be collected on the forms included in the forms packet;
  • Ensure that the forms packet meets the needs of all of the stakeholders in a DWI arrest.

STRATEGIES AND ACTIVITIES

After numerous complaints about the process, the Minnesota State Patrol established a working group. The working group consisted of representatives of all levels in the Minnesota State Patrol, County Prosecutor Representative, Attorney General's Office, and the Office of Traffic Safety (OTS). The working group was responsible for:
  • Reviewing all current forms as well as forms used by other states,
  • Analyzing each form for missing and repeated information.
  • Ensuring that the packet included information to assure a successful DWI conviction in court and "best practices".

RESULTS

The DWI Forms Packet program achieved the following results as of June 2002:
  • Created a standardized DWI forms packet. The forms contain checkboxes, and required information is clearly marked. 
  • Created a "user friendly" forms packet. The packet assists officers that do not conduct DWI arrests often by walking them through the grueling arrest procedure.
  • Improved the packet that was piloted with the Minnesota State Patrol.
  • Incorporated suggestions to improve the form into the next printing.
  • Increased the rate of successful prosecution of DWI cases. Law enforcement is not the only beneficiary of a standardized form. The courts are able to obtain needed information as a result of this effort.
  • Initiated efforts to standardize all DWI arrest forms throughout the entire state. Local law enforcement has shown interest in the packets and requested to use them.