NHTSA’S Recommendations Regarding Impaired Driving Cases A Prosecutor’s Perspective

Recommendations for Prosecutors and Reactions from a Municipal Court of Record Perspective

Assignment and Training Recommendations Assign knowledgeable and experienced prosecutors. Provide specialized Training for prosecutors including training in Standardized Field Sobriety Tests (SFST’s) and the use of Drug Recognition Experts (DRE’s)

Responses Assigning DUI cases to only experienced prosecutors is not practical in most instances. Providing advanced and specialized training for prosecutors will provide even novice prosecutors with the tools to aggressively and effectively prosecute DUI cases.

Criminal Penalty Recommendations Provide enhanced penalties for some DUI cases including, but not limited to intensive supervision, electronic monitoring and imprisonment. Provide separate and distinct penalties for alcohol and drug impaired driving to be applied individually or in combination to a single case.

Criminal Penalty Responses Municipalities may not have the resources to provide some of the recommended penalties including intensive supervision, electronic monitoring and imprisonment. Applying multiple penalties for a single infraction, driving while impaired, may create unintended confusion for jurors and potential errors on appeal.

Plea Negotiation Recommendations Establish and adhere to strict policies on plea negotiations and deferrals in impaired driving cases. Require that plea negotiations to a lesser offense be made part of the record and count as a prior offense.

Responses Establishing policies regarding plea negotiations provides guidance but requiring strict adherence may create unintended results. All prior adjudications of driving while impaired offenses should be made part of the record.

Central, Uniform and Accurate Record Keeping A Prosecutor’s Dream Come True

Central Location Records need to be kept in a central location that prosecutors across the state can access. Not all prosecutors have access to all databases. It is easy to miss things when it is necessary to access several databases to obtain information.

Uniformity of Records Records need to be uniform to allow a prosecutor to determine if an offense can be used as a prior offense. Different methods of reporting the disposition of cases can make it difficult to determine if a particular entry reflects an offense that can be considered a prior offense for filing purposes. Confirmed prior offenses are also useful when determining the proper recommendation in a plea negotiation.

Accuracy of Records Complete and accurate records of the disposition of a prior offense provide the prosecutor with the appropriate tools to effectively and aggressively prosecute a subsequent offense. Knowledge of prior court ordered treatment is useful when entering into plea negotiations. Effective deterrence should include escalating penalties.