[DOWNLOAD] "Anatomy of a DWI "No-Refusal Weekend": How Harris County Police and Prosecutors Are Cooperating to Curb Dwis (Driving While Intoxicated) (Texas)" by Journal of the National District Attorneys Association Prosecutor * Book PDF Kindle ePub Free
eBook details
- Title: Anatomy of a DWI "No-Refusal Weekend": How Harris County Police and Prosecutors Are Cooperating to Curb Dwis (Driving While Intoxicated) (Texas)
- Author : Journal of the National District Attorneys Association Prosecutor
- Release Date : January 01, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 285 KB
Description
TEXAS IS THE DEADLIEST STATE in the nation when it comes to DWI fatalities. Texas statutes designed to decrease the carnage on our roads have been effective to a degree, but many measures seem to have limited success in further curbing the number of deaths. Public perception of how these crimes should be prosecuted has fallen victim to the "CSI effect." Jurors now have a somewhat glamorous view of what evidence is needed in a DWI prosecution. And the refusal of many DWI suspects to provide a scientific or chemical sample to a law enforcement agency after a DWI arrest is a significant problem in ensuring justice in Texas courts. Theoretically, every person stopped for DWI in Texas should provide a chemical sample to a law enforcement officer. All Texas drivers have impliedly consented to provide a sample of breath or blood when it is lawfully requested by a police officer making a DWI arrest. (1) However, roughly half of all suspects refuse to provide a sample. (2) For suspects, there are collateral consequences for refusing to provide a sample, such as administrative license suspensions, (3) and for prosecutors, there are evidentiary consequences, such as admissibility of the subject's refusal as evidence of guilt. (4) Although these consequences are evident, the number of DWI arrestees refusing to provide a chemical sample has remained at roughly 50 percent. (5)
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