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D.W.I. Prosecutors' Update

NCJ Number
I Sellars; M Flanery; W J Jeronimus; J Bisek
Date Published
151 pages
This report presents legislation, rules, and case processing information designed to assist county prosecutors in Minnesota with the prosecution of drunk-driving cases.
The presentation of relevant 1989 session law changes pertains to 6-person juries, presentence investigation report for gross misdemeanors, probation and driving privileges for juvenile alcohol or controlled substances offenders, DWI (driving while intoxicated) provisions within the Omnibus Crime Bill, and penalties for failure to appear for court. The texts of traffic laws affected by the 1989 Minnesota Legislature cover motor vehicle drivers under the influence of alcohol or controlled substances, alcohol-related driving by commercial vehicle drivers, out-of-service order, the open-bottle law, and chemical tests for intoxication. Another section of this report lists the chemical compounds or combination of compounds under whose influence motor vehicles cannot be operated. A "table of authority" lists all the court cases relevant to the processing of a DWI cases. Each case ruling is explained under the stage of case processing to which it applies. The stages covered by the cases are investigation, pretrial procedure, trial procedure, postconviction, and evidence. Questions that should be put by the prosecutor in the direct examination of an intoxilyzer operator are listed, and a revocation form and implied consent advisory are supplied along with a petition to enter a plea of guilty to a misdemeanor.