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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?

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Issuing the DWI Case: A Prosecutor’s Perspective

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  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?

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