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Massachusetts OUI / DWI / DUI Lawyer Russell Matson's Massachusetts Police Field Sobriety Test Training Manual

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Massachusetts DWI DUI OUI Field Sobriety Test Police Training Manual

 

 

that allows them to “see” what you saw; “hear” what you heard; and “smell” what you smelled.

Officers with the knowledge, skills and motivation to select the most appropriate words for both written reports and courtroom testimony will communicate clearly and convincingly, making them more successful in DWI prosecution. (See Exhibit 4-4.)

EXHIBIT 4-4
USING CLEAR AND CONVINCING LANGUAGE

Field notes are only as good as the information they contain. Reports must be clearly written and events accurately described if the reports are to have evidentiary value. One persistent problem with DWT incident reports is the use of vague language to describe conditions, events and statements. When vague language is used, reports provide a confused picture of what happened. When clear language is used, reports provide an accurate picture of what happened. Clear and convincing field notes provide strong evidence in court.

Consider the following examples.


Vague Language              Clear
Language

Made an illegal left turn on Jefferson

From Main, turned left (north-bound) on Jefferson, which is one way southbound.

Drove erratically

Weaving from side to side. Crossed center line twice and drove on shoulder three times.

Driver appeared drunk

Driver’s eyes bloodshot; gaze fixed; hands shaking. Strong odor of alcoholic beverage on driver’s breath.

Vehicle stopped in unusual fashion

Vehicle struck, climbed curb; stopped on sidewalk

Vehicle crossed the center line

Vehicle drifted completely into the opposing traffic line.

DWI INVESTIGATION FIELD NOTES


One of the most critical tasks in the DWI enforcement process is the recognition and retention of facts and clues that establish reasonable suspicion to stop, investigate and subsequently arrest persons suspected of driving or operating a vehicle while impaired. The evidence gathered during the detection process

 

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