Cross Examination Questions Often Used in a DWI Trial
11/15/11 3:09 PM
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Cross Examination Questions Often Used in a DWI Trial By Kenneth Vercammen, Esq. Former Prosecutor and Editor- NJ Municipal Court Law Review Probable Cause for Stop 1. No accident? 2. No criminal violation? 3. Traffic light per ticket? 4. According to Report-Not close to hitting other car 5. According to Report not endangering any person/property? 6. No details in report of driving willful on went to disregard of rights of others? 7. No ticket for lane violation? 8. No ticket for careless? 9. No reason to believe weapons? 10. No tip by reliable informant? 11. Pulled over my client without a warrant? 12. No Radar? 13. No Pace? 14. Could not have issued ticket for speeding? Cross of Police Regarding Field Sobriety 15. Do you have documents describing how, under what conditions and by whom each test was given? Are you aware the National Highway Traffic Safety
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Cross Examination Questions Often Used in a DWI Trial
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Administration has advice and instructions on giving Kenneth Vercammen the Field Sobriety Test. Change Image 15A. Walk and Turn Your report does not say that you: Write the characters in the image ? Always begin by having the subject assume the above heel-toe stance ? Verify that the subject understands that the stance Submit Clear is to be maintained while the instructions are given. ? If the subject breaks away from the stance as the instructions are given, cease giving instructions until the stance is resumed ? Tell the subject that he or she will be required to Kenneth Vercammen was the take 9 heel-to-toe Middlesex County Bar Municipal steps down the line, to turn, and to take 9 heel-to-toe Court Attorney of the Year steps up the line. ? Demonstrate several heel-to-toe steps ? Demonstrate the turn ? Tell the subject to keep the arms at the sides, to watch the feet, to count the steps aloud, and not to stop walking until the test is completed. ? Ask the subject whether he or she understands; it not, re-explain whatever the subject doesnยนt understand ? Tell the subject to begin ? If the subject staggers or stops, allow him or her to resume from the point of interruption; do not require the subject to start over from the beginning ? Cannot keep balance while listening to instructions (i.e., breaks away from the heel-to-toe stance) ? Starts before instructions are finished ? Keeps balance but does not remember instructions ? Stops while walking to steady self ? Does not touch heel-to-toe while walking (i.e., misses by at least one-half inch) ? Loses balance while walking (i.e., steps off line) ? Uses arms for balance (i.e., raises arms by six inches or more) ? Loses balance while turning ? Incorrect number of steps Are you aware the NHTSA states that officers should note in their reports how many times each of the eight clues appears. However, isn't it http://www.njlaws.com/cross_examination_questions_often_used_in_a_dwi_trial.html?id=202&a=
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true the NHTSA for purposes of applying the standardized criterion, a clue should be ³counted² only once, even if it appears more than once. 15B. One Leg Stand Your report does not say you would: ? Tell the subject to stand with heels together, and arms at sides ? Tell the subject not to start the test until you say to do so ? Ask the subject whether he or she understands ? Tell the subject he or she will have to stand on one foot, with the other foot about six inches off the ground ? Demonstrate the stance ? Tell the subject to count from 1 to 30, by thousands ? Demonstrate the count, for several seconds ? Ask the subject whether he or she understands; if not, re-explain whatever is not understood ? Tell the subject to begin ? If the subject stops or puts the foot down, allow him or her to resume at the point of interruption; do not require the count to begin again at ³one thousand and one² ? Swaying while balancing ? Uses arms to balance (i.e., raises arms from side six inches or more) ? Slightly uneasy ? Quite unsteady ? Starts before instructions are finished ? Puts foot down ? Hops Are you aware the NHTSA states that there are the only four validated clues of One Leg Stand. 15C. Horizontal Gaze Nystagmus Test Your report does not say: ? Hold the stimulus 12-15 inches in front of the subject¹s face ? Keep the tip of the stimulus slightly above the subject¹s face ? Always move the stimulus smoothly ? Always check for all three clues in both eyes ? Lack of smooth pursuit ? Distinct jerking at maximum deviation ? Onset of jerking within 45 degrees Are you aware that no other ³clues² are recognized by NHTSA as valid indicators of horizontal gaze nystagmus. In http://www.njlaws.com/cross_examination_questions_often_used_in_a_dwi_trial.html?id=202&a=
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particular, NHTSA does not support that allegation that onset angle can reliably be used to estimate BAC, and considers any such estimation to be misuse of the horizontal gaze nystagmus test. 16. Documents describing test results? 17. Documents describing "test" results? 18. What are procedures to permit defendant to obtain independent tests of blood, breath or? According to your Alcohol influence rep? 19. Section 25 of Alcohol Influence report, Able to walk, talk? not falling -not on hands and knees -not staggering 20. According to Section 26, Ability to stand? -no swaying -no leaning for balance -feet not wide apart 21. According to Section 27, Speech-not slurred? -not incoherent -not slobbering -could understand what she was saying 22. Demeanor-cooperative, polite, calm? 23. Eyes watery now? 24. When is allergy season? Questions on Breathalyzer Op Check List 25. What is step one? 26. What did you do next? 27. What did thermometer show? [50 degrees plus minus 3 degrees C] 28. What next? [Gauge Reference Ampoule] 29. How do you Gauge Reference Ampoule? 30. Where put Ref. Ampoule? [Left hand holder] 31. Do next? [Gauge Test Ampoule open] 32. How do you Gauge the Test Ampoule? 33. Where do you Gauge the Test Ampoule? [Insert in right hand holder] 34. What next? [insert bubbler] 35. What is bubbler connected to? [outlet] 36. What is step 5? [Turn to take] 37. After turn to take- what next? [Flush out] 38. After flush out, what next? [Turn to analyze] 39. What happens next? [When red empty signal appears wait 12 minutes] 40. How long do you wait? [12 minutes] 41. Use a formal stop watch to time 1 1/2 minutes? http://www.njlaws.com/cross_examination_questions_often_used_in_a_dwi_trial.html?id=202&a=
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42. After waiting what next? [Turn on light and balance] 43. How balance? 44. Did you show defendant how this is done? 45. Do next? [Set Blood Alcohol Pointer on Start line] 46. Do next? [Turn to Take, Take Breath Sample] 47. What happens next? [When red empty signal appears, wait 1 1/2 minutes, turn on light and balance] 48. Next step? [Record answers, turn control knob to "off"; dispose of test ampoule] DWI Questions Regarding Under Influence 49. Did prosecutor or state supply an experts report? 50. Not a medical doctor? 51. No test of Pharmacological effects of any medications? 52. No direct measurement of the quantity of any medications or drugs in defendants blood? 53. Gas Chromatography/ Mass spectrometry can provide direct measurement of quality? 54. You don't have any gas Chromatography results with your blood? 55. Not licensed to prescribe medications? 56. Have not attended Medical School? 57. Not Qualified to Render a Medical Opinion 58. Do not have a Ph.D..? 59. Do not have a Masters degree in Chemistry 60. Do not have a BS degree in Chemistry?
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Meet with an experienced Attorney to handle your important legal needs. Please call the office to schedule a confidential "in Office" consultation. Attorneys are not permitted to provide legal advice by email.
Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended. Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association. Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations. When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter. Our website provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.
Contact the Law Office of Kenneth Vercammen & Associates, P.C. at 732-572-0500 for an appointment. The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation. The Law Office now accepts payment by American Express, Visa and Master Card. .
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Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement. Š 2011 Kenneth Vercammen & Associates, P.C.
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