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APRI Highlights - Summer 2002
National Traffic Law Center
On our mission to improve the quality of justice in traffic safety adjudications, the National Traffic Law Center continues to increase awareness of highway safety issues by providing legal and technical information as well as training and reference services to prosecutors.
In January, NTLC’s acting director Marcia Cunningham testified before Ohio’s Senate Subcommittee regarding issues raised by the Ohio v. Homan decision handed down by that state supreme court in August 2000. Ms. Cunningham educated members as to the admissibility of Standardized Field Sobriety Tests (SFSTs) in other states.
| In May, APRI welcomed John Bobo as the new director of the National Traffic Law Center. A former local prosecutor from Tennessee, John Bobo has experience prosecuting DUIs/vehicular homicides in both urban and rural areas and brings a wealth of training and writing experience. When asked for his astrological sign, John Bobo refused to comment, but he did say he enjoyed long walks on the beach. |
John Bobo
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Currently, Ohio is the only state mandating strict compliance in the administration of the tests as promulgated by the National Highway Traffic and Safety Administration. Other states have held that deviations in the administration of the physical dexterity portions of the SFSTs go to the weight of the evidence —not its admissibility.
In February, 45 prosecutors from across the country attended NTLC’s Prosecuting the Drugged Driver course at the National Advocacy Center in Columbia, S.C. The course covered toxicology, Drug Recognition Expert Programs (DRE) and all aspects of trial advocacy unique to the drugged driver.
Can you imagine how difficult it is for a California prosecutor to argue that full faith and credit should be given to a prior DUI conviction from Maine? NTLC makes it easy for prosecutors everywhere with its recently updated Prior Convictions in DUI Prosecutions. A recipe book for building prosecutions, the guide tells where to get out-of-state driving histories, how to read them and the elements of their respective state DUI laws (District of Columbia and Puerto Rico included). The book is available from Lexis Law Publishing at (800) 562-1197.
Are you having trouble getting the Horizontal Gaze Nystagmus (HGN) test admitted into evidence? Do you have an inexperienced officer who knows how to give the test but cannot explain to a jury what the test is or how it works? It’s time to recruit your own expert, and one is available at your local optometrist’s office. In 1993, the American Optometric Association passed a resolution acknowledging the reliability and validity of the test as well as encouraging doctors of optometry to become involved as consultants. Many optometrists want to provide a service to their community. Some may not even know they want to help until you suggest it. Contacting your local optometric association is a good place to start.
In preparing your expert for court, be sure to order a copy of NTLC’s Horizontal Gaze Nystagmus—The Science and the Law: A Resource Guide for Judges, Prosecutors and Law Enforcement. This book is a tremendous resource for preparing optometrists and other experts who may be called to testify regarding HGN, and no HGN expert should take the stand without having reviewed it. To keep up with the latest developments and the art of trying impaired driving cases, be sure to subscribe to NTLC’s quarterly newsletter, Between the Lines. To order either publication, contact NTLC at (703) 549-4253 or trafficlaw@ndaa-apri.org.
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