Brad Natalizio Police Officer Village of Chester 47 Main Street
Chester, NY 10918
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Driving While Intoxicated Arrest Processing VTL 1192
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Objectives Upon completion of training each Police Officer will
be able to verbally or in writing, without reference to notes, 1.
State two factors that may raise the degree of impairment when
consuming alcohol. 2. State four signs that the operator of a
vehicle may be intoxicated up on initial approach of vehicle. 3.
Properly Fill out a DWI Investigative Notes Card.
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Objectives 4. State the circumstances under VTL 1194-a that a
Court Ordered Blood Test is required. 5. State the length of the
observation period. 6. Properly fill out D.W.I. Bill of
Particulars. 7. Properly fill out Report of Refusal to Submit to
Chemical Test form. 8. Properly process a felony D.W.I. 9. Identify
proper D.W.I. VTL Laws.
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Establishments That Serve Alcohol in the Village of Chester
Henry Js GWs Lobster Pier Maggies in the Alley/ Boodles Chester
Billiards Club Tinas Pizzeria The Castle Brother Brunos Magoya
Clayton Delaneys
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What is Blood Alcohol Content (B.A.C.)? The amount of alcohol
in a persons body is measured by the weight of the alcohol in a
certain volume of blood. Ex: When a person has a 0.10% BAC, he or
she has a blood alcohol equivalent of one tenth of one percent BAC
measurements provide an objective way to identify levels of
impairment, because alcohol concentration in the body is directly
related to impairment.
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How the body responds to alcohol The degree of impairment: The
amount you drink Strength of drink Rate of consumption Whether
you've eaten before or while drinking Your body weight Length of
time spent drinking Emotional State Gender Drug use
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How the body responds to alcohol Absorption: Once the alcohol
gets into the stomach, it has to move into the blood, process
called absorption. Alcohol doesnt have to be digested in order to
move from the stomach to the blood. Alcohol can pass directly
through the walls of the stomach.
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How the body responds to alcohol Distribution: Once the alcohol
moves from the stomach into the blood, it will be distributed
throughout the body by the blood. The blood will carry the alcohol
to various tissues and organs of the body. Very little alcohol will
be deposited in the drinkers body fat. (Explains BACs from women
and men) Pound for pound, the female body contains less water and
more fat then the male body.
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How the body responds to alcohol Elimination: As soon as
alcohol starts to enter the blood stream, the body starts trying to
get rid of it. Some alcohol will be expelled from the body
chemically unchanged (breath, urine, sweat, tears, ect.) Most of
the alcohol a person drinks is eliminated by metabolism.
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How the body responds to alcohol Alcohol acts primarily on the
nerve cells within the brain. Alcohol interferes with communication
between nerve cells and all other cells, suppressing the activities
of excitatory nerve pathways and increasing the activities of
inhibitory nerve pathways.
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How the body responds to alcohol Alcohol is a depressant, which
means it slows the function of the central nervous system. Alcohol
actually blocks some of the messages trying to get to the brain.
This alters a person's perceptions, emotions, movement, vision, and
hearing.
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How the body responds to alcohol People who have overused
alcohol may stagger, lose their coordination, and slur their
speech. They will probably be confused and disoriented Behavioral
cues (Inhibitions, Judgments, Reactions, Coordination) changes in
peoples behavior after consuming alcohol.
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How the body responds to alcohol Although outward appearances
vary, virtually all drivers are substantially impaired at.08 B.A.C.
With each drink consumed, a persons blood alcohol concentration
increases
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How the body responds to alcohol Frontal Lobe of the Brain
Affected at BACs between 0.01 to 0.10%. This area of the brain
controls higher thought processing and cognitive skills. Affects on
the frontal lobe include lowering of inhibitions, which leads to
increased risk taking. Most drivers will not notice that their
ability to divide attention has decreased. This leads to noticeable
changes in a persons ability to operate a motor vehicle.
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How the body responds to alcohol Psychomotor Area Affected by
at BACs of 0.10% to 0.20% Controls coordinated motor skills: hand
eye coordination slurred speech
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How the body responds to alcohol Visuo-Psychic Area Noticeably
affected at BACs between 0.20 to 0.30% Controls all vision and
hearing senses Many drivers who are involved in night time one
vehicle off the road MVAs may have a BAC of this range Expected
affects include problems with depth perception, night blindness,
double vision and dulled hearing.
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How the body responds to alcohol Cerebellum Recognizable
impairment at BACs of 0.15 to 0.35% Controls balance, the ability
to walk (CLUE FOR SFSTs)
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How the body responds to alcohol Medulla Oblongata Affected
when BACs approach 0.40%. Controls involuntary functions of the
body This area of the brain controls heartbeat, blood pressure,
respirations, and body temperature. Call EMS
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How the body responds to alcohol Research findings suggest that
the most crucial aspect of impairment is the reduction in the
ability to handle several tasks at once. This skill is precisely
what driving a motor vehicle requires. The risk of being in a crash
rises gradually with each BAC level, but then rises very rapidly
after a driver reaches or exceeds.08 BAC compared to drivers with
no alcohol in their system.
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How the body responds to alcohol Research by the Insurance
Institute for Highway Safety indicates that the relative risk of
being killed in a single vehicle crash for drivers at BACs
between.05 and.09 is 11 times that of drivers with no alcohol in
their system. Laboratory and on-road research shows that the vast
majority of drivers, even experienced drivers, are significantly
impaired at.08 with regard to critical driving tasks such as
braking, steering, lane changing, judgment and divided
attention.
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D.W.I. Stats In the United States alcohol related motor vehicle
crashes kill someone every 31 minutes and injure someone every two
minutes. Although driving intoxicated is a seemingly victimless
crime, it is most often deadly. Alcohol-related traffic accidents
in 2005 accounted for nearly 17,000 American deaths and over
700,000 injuries. The national economic loss is estimated at more
than $50 billion every year.
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D.W.I. Stats Male drivers involved in fatal motor vehicle
crashes are almost twice as likely as female drivers to be
intoxicated with a blood alcohol concentration (BAC) of 0.08% or
greater. Among drivers involved in fatal crashes, those with BAC
levels of 0.08% or higher were nine times more likely to have a
prior conviction for driving while impaired (DWI) than were drivers
who had not consumed alcohol. Consuming four drinks in one hour can
raise the blood- alcohol level of a 150-lb man to about 0.10%.
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D.W.I. Stats Between 7 pm and 3 am on weekends, 10% of all
drivers are legally impaired Every weekday night from 10 p.m. to 1
a.m., one in 13 drivers is drunk (BAC of.08 or more). Between 1
a.m. and 6 a.m. on weekend mornings, one in seven drivers is
drunk.
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V & T Observations Reason for stop: VTL Violations Traffic
Accident Civilian Complaint
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V & T Observations Observations upon approach of operator
during V & T Stop: Signs that the operator may be intoxicated:
1) Odor of an alcoholic beverage (other cover up odors) 2)
Bloodshot eyes 3) Watery eyes 4) Droopy Eyelids 5) Slurred Speech
6) Fumbling through documents 7) Attitude of operator
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V & T Observations Observations of exit of vehicle: Signs
that the operator may be intoxicated: 1) Poor coordination (holding
onto door) 2) Staggering (using vehicle for balance) 3) Swaying 4)
Items falling out of vehicle upon exit 5) Disheveled clothing 6)
Observation/ smell of urine
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V & T Observations Admissions: Signs that the operator may
be intoxicated: 1) Operators Admissions: a) How many drinks b) Type
of alcoholic drink c) Location of last drink d) Driving to/ from e)
Other (Last night I got fucking drunk)
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V & T Observations Evidence: Signs that the operator may be
intoxicated: 1) Open containers of alcohol in the vehicle 2)
Civilian statements
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Standardized Field Sobriety Tests A group of tests selected to
help increase the ability of law enforcement officers to detect
driver impairment. The results of this battery, usually
administered along the roadside, contribute extensively to a law
enforcement officer's decision to arrest a person for impaired
driving Test divided attention
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Standardized Field Sobriety Tests The main purpose of the field
sobriety tests is to demonstrate the association of alcohol or drug
use with the observable evidence of the subject's impairment. The
subject's impairment is established through sensory evidence: what
the officer sees, hears and smells. Field sobriety tests are given
to test the subject's psychophysical abilities; they measure the
subjects ability to handle both physical and mental tasks
simultaneously, these abilities are needed for safe driving:
balance, coordination and information processing.
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Standardized Field Sobriety Tests Field sobriety tests should,
under normal conditions, be given at the scene in a safe location
near the side of the roadway. A battery of tests, Horizontal Gaze
Nystagmus, Walk and Turn, and One Leg Stand, administered and
evaluated in a standardized manner to obtain validated indicators
of impairment based on National Highway and Traffic Safety
Administration Research
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Standardized Field Sobriety Tests Horizontal Gaze Nystagmus:
The officer will position an object (such as a pen) 12 inches away
from the driver's nose, and move the object from side to side while
watching the subject's eyes. The officer is looking for involuntary
jerking or trembling of the eyeball. This jerking or trembling may
be a sign that the subject has consumed alcohol and is
intoxicated.
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Standardized Field Sobriety Tests Horizontal Gaze Nystagmus:
Instruction Phase Do you wear glasses or contacts? Do you have any
medical problems? I am going to check your eyes. Stand Straight,
keep your head still and follow the top of this (stimulus) pen with
your eyes only. Keep following the (stimulus) pen with your eyes
until I tell you to stop. Do you understand?
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Standardized Field Sobriety Tests Horizontal Gaze Nystagmus:
Check for the following: 1. Lack of smooth pursuit 2. Distinct
Nystagmus at Maximum Deviation: Hold for 4 Seconds 3. Onset of
Nystagmus Prior to 45 degrees
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Standardized Field Sobriety Tests Walk and Turn: Instruction
Phase Do you have any problems with your legs/ ankles? Place your
left foot on the line (demo) Place your right foot on the line with
heel of right foot against the toe of your left foot (demo) Place
your arms down at your side (demo) Keep this position until I tell
you to begin Do not start to walk until told to do so Do you
understand?
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Standardized Field Sobriety Tests Walk and Turn: Instruction
Phase When I tell you to start, take nine (9) heel-to-toe steps,
turn and take nine (9) heel-to-toe steps back (demo) When you turn,
keep your lead foot on the line and turn by taking a series of
short choppy steps with the other foot (demo)
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Standardized Field Sobriety Tests Walk and Turn: Instruction
Phase While you are walking: Keep both arms at your sides Watch
your feet at all times Count each step out loud Once you start
walking, dont stop until you have completed the test. Do you
understand? You may begin the test
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Standardized Field Sobriety Tests Walk and Turn: Check for the
following: 1. During instruction phase check for balance and
starting to soon 2. During test check for: a) not touching
heel-to-toe b) stepping off line c) stopping d) uses arms for
balance e) wrong number of steps f) Improper turn
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Standardized Field Sobriety Tests One Leg Stand: Instruction
Phase Do you have any problems with your legs? Please stand with
your feet together and your arms down at your sides (demo) Do not
start the test until I tell you to do so Do you understand?
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Standardized Field Sobriety Tests One Leg Stand: Instruction
Phase When I tell you to start, raise one leg, any leg,
approximately six (6) inches off the ground, foot pointed out
(demo) You must keep both legs straight, arms down at your side
While holding that position, count out loud, one thousand and one,
one thousand and two, ect. Until I tell you to stop
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Standardized Field Sobriety Tests One Leg Stand: Instruction
Phase Keep your arms at your sides at all times and keep watching
your raised foot Do you understand? You may begin the test
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Standardized Field Sobriety Tests One Leg Stand: Check for the
following: 1. Swaying 2. Arms for balance 3. Hopping 4. Put foot
down (max 3) Stop the test after 30 seconds on your watch
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Standardized Field Sobriety Tests Alco-sensor : To be performed
ONLY after subject is observed to have failed your SFSTs. Residual
Mouth Alcohol may give an improper reading of true B.A.C.
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Standardized Field Sobriety Tests Roadside D.W.I. Field Note
Card: Required
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D.W.I. Arrest Processing After Officer observes subject to be
intoxicated due to SFSTs, advise subject that he is under arrest
for driving while intoxicated (not suspicion of D.W.I.) Backup on
scene Rear cuff subject, search, place in rear passenger side of
patrol unit Advise for tow
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D.W.I. Arrest Processing Chemical Test Warnings: Advise subject
Chemical Test/ Miranda Warnings either at scene or back at station.
If subject refuses, read at least 3 times (have subject initial
copy of original chemical test warning card in used). Document
times which warnings were read for arrest report.
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D.W.I. Arrest Processing Chemical Test Warnings You are under
arrest for driving while intoxicated Refusal to submit to a
chemical test, or any portion thereof will result in the immediate
suspension and subsequent revocation of your license or operating
privilege whether or not you are found guilty of the charge for
which you are arrested Your refusal to submit to a chemical test,
or any portion thereof, can be introduced into evidence against you
at any trial, proceeding or hearing resulting from this
arrest.
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D.W.I. Arrest Processing Upon arriving at the station with the
suspect (or at the hospital if more than brief minor treatment or
exam is expected), the officer shall: Advise the suspect that a
request will be made to submit to a chemical test to determine the
blood- alcohol content of the suspect;
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D.W.I. Arrest Processing Give the suspect the required warning
regarding the consequences of refusing to take a chemical test:
These warnings should be read directly from a written source of the
DWI/MIRANDA RIGHTS; At this point if you are going to question the
suspect further about the incident he shall be read the MIRANDA
RIGHTS.
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D.W.I. Arrest Processing If the defendant requests to call his
attorney before submitting, he will be permitted to do so. The
defendant will be advised that his failure to contact an attorney
does not relieve him of his responsibility to submit to a chemical
test. Further refusal to submit because of such failure to contact
the attorney shall be deemed a "refusal to submit to a chemical
test."
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D.W.I. Arrest Processing Observation Period: Document the time
observation period has begun. Observe defendant for 20 minutes:
Subject must not ingest alcoholic beverages, other fluids, smoke or
be allowed to place anything in his or her mouth. If the subject
vomits, regurgitates or places anything in their mouth, the subject
must be required to rinse their mouth with clear tap water and the
observation period restart. If subject is refusing, keep reading
chemical test warnings.
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D.W.I. Arrest Processing Observation Period: Observation
requires that the subject be closely supervised at the testing site
where the Breath Analysis Operator must be able to see and hear
subjects actions. The 20 minute observation period eliminates the
potential for residual mouth alcohol to effect the test
results.
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D.W.I. Arrest Processing Datamaster: A scientific instrument
that is designed and proven to measure the alcohol concentration in
a breath sample. Gives a measure of blood alcohol content by
directly measuring the breath alcohol content in a breath sample
provided by a subject.
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D.W.I. Arrest Processing DATA ENTRY
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D.W.I Arrest Processing Datamaster: Advise the subject to take
a normal breath and blow into the mouthpiece until told to stop,
minimum of 8-10 seconds, or click. Some subjects may attempt to
fool the operator into believing that they have provided a proper
breath sample when they have not: blowing around the mouthpiece,
place their tongue on the mouthpiece. Refusal may consist of words
and or actions. Breath test operator must be able to clearly
articulate the manner in which the subject refused to submit.
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D.W.I. Arrest Processing Datamaster: Only officers that have
been certified by the New York State Department of Health shall
operate the breath test instrument. Officers shall use and fully
complete the proper Operational Check List and other appropriate
documentation while conducting the test.
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D.W.I. Arrest Processing Officers shall complete the
Certification of Breath Test Results form. No radio transmissions
shall be made from the booking room during the testing. The Records
Supervisor or the Breath Test Maintenance Officer shall complete
and sign the bottom of the Evidence Ticket
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D.W.I. Arrest Processing Refusals Read Chemical Test Warnings
at least three times. Document each time. Have subject initial copy
of warnings. Refusals D.W.I. not D.W.A.I. Fill out Report of
Refusal to submit to a Chemical Test. Print out DataMaster
ticket.
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Court Ordered Blood Tests If an officer investigates a motor
vehicle accident and establishes reasonable cause to believe: that
the person operated a motor vehicle and in the course of such
operation a person other than the operator was killed or suffered
serious physical injury, that such person operated the vehicle in
violation of any subdivision of section 1192 of the NYS VTL, or a
breath screening test administered by a police officer, indicates
that alcohol has been consumed by such operator, such operator has
been placed under arrest, such operator has refused to submit to a
chemical test or any portion thereof, or is unable to give consent
to such test. The Officer may make an application for a court order
to compel submission to a chemical test or any portion
thereof.
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Court Ordered Blood Test D.W.I. search warrant requires a
finding of reasonable cause to believe that: 1. The defendant drove
2. During such driving, killed or seriously injured someone 3.
Defendant was intoxicated or impaired or he failed alco-sensor 4.
Defendant is under arrest 5. Defendant has refused a test or is
unconscious
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Court Ordered Blood Test If the requirements of Vehicle and
Traffic Law, Section 1194-(a) are met, a Police Officer or District
Attorney may request and obtain a court order to compel the person
to submit to a chemical test.
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Court Ordered Blood Test A court order under this section is
the equivalent of a search warrant, and as such, there is no
required time limit as to the administration of the test. However,
it is preferable to obtain the blood sample within two[2] hours
after arrest. A blood test taken under the authority of this order
must be administered by competent medical personnel at a
hospital.
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Court Ordered Blood Test Application Procedures. The officer
will prepare an Affidavit in Support of Order Compelling Submission
to Chemical Test. The officer must make specific allegations of
fact to support such statement and any other person properly
identified may present sworn allegations of fact in support of the
applicant's statement. The officer will then contact the Supreme
Court Judge on-call, (If the on-call Judge can not be reached, the
officer may call any Supreme Court Judge or County Court Judge in
the 9th Judicial District). Once contacted, the Judge may issue the
order in person or telephonically.
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Court Ordered Blood Tests Applications Filed in Person. When
directed the officer applying shall personally deliver the
completed Affidavit to the Judge. After being sworn in the officer
must state the facts and circumstances which lead the officer to
reasonably believe the need for a court order. The officer must
sign the Affidavit in the presence of the Judge.
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Court Ordered Blood Test Applications Filed in Person Once the
order has been issued, the officer will execute the order and
secure the blood samples according to departmental evidence
procedures. The written order must be returned to the issuing Judge
as he prescribes within 24 hours of the issuance of the order. A
copy of the order must be given to the Local Criminal Court, which
arraigns the defendant.
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Court Ordered Blood Tests Application Filed Telephonically. The
officer will make arrangements to tape record the conversation.
When contacting the Judge the officer shall advise the Judge that
he is requesting an oral application for a court ordered chemical
test and advise the Judge that the conversation will be recorded.
After being sworn in, the officer shall read, verbatim everything
from AFFIDAVIT, (from the top of the first page to the end of the
last page).
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Court Ordered Blood Test Application Filed Telephonically. The
officer shall note and answer any of the Judges questions and the
officers answers. Upon the order being granted, the officer shall
insert the Judges name, date and time on the bottom of the Order
Compelling Submission to Chemical Test and sign the form.
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Court Ordered Blood Test Application Filed Telephonically Once
the order has been issued, the officer will execute the order and
secure the blood samples according to departmental evidence
procedures. This recording must be transcribed verbatim, certified
as to its accuracy, and along with the original recording, filed
with the court as directed by the Judge within 24 hours after
issuance of the order. A copy of the order must be given to the
Local Criminal Court, which arraigns the defendant.
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Court Ordered Blood Test Once the order is signed it is best to
transport it or fax it to the hospital and then draw blood Have a
doctor or nurse draw blood
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D.W.I. Arrest Processing D.W.I. Bill of Particulars
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Criminal History E-Justice check of subjects criminal history
If subject has been convicted of Driving While Intoxicated within
the past ten years, subject is Felony DWI (VTL 1192-2F, VTL
1192-3F) If subject is Felony DWI, long form must be served upon
the defendant.
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D.W.I. Arrest Processing BAC of.08% or more: the subject shall
be issued a uniform traffic summons for DWI per Section 1192 (2) of
the V&T Law in addition to the summons for Driving While
Intoxicated [V&T 1192 (3)], and summonses for all underlying
charges relating to or leading up to the arrest. BAC between.06%
and.07%: is indicated, the suspect should be issued summons for
driving while impaired under V&T Section 1192 (1)
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D.W.I. Arrest Processing IMPACT Blotter Case Arrest D.W.I. Bill
of Particulars If Felony D.W.I. fill out long form court info
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D.W.I. Arrest Processing Case folder paperwork checklist
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D.W.I. VTL LAWS 1192-1: Ability to Operate a Motor Vehicle
Impaired 1192-2: Driving While Intoxicated