Page 1 2
Lose it. It serves no purpose.
Interesting. I had a feeling that the opinions would be overwhelmingly against the PBT. I am participating in a forum for rural prosecutors at the TDCAA Annual Meeting Conference next week. I think I will ask this question of the group and see what the reply is. Will report back.
These answers also suggest an approach DPS might want to take in the future. Before adopting some new technique or equipment that could effect the prosecution of cases across the state, why not ask prosecutors for their opinion?
I just reviewed the 3 DWI cases that we presented to the Grand Jury today. In every one of them they flunked the PBT and refused the BT at the station. In one of our cases some time ago the Trooper held up the PBT and it went up over .40 on the camera. Shouldn't the guy be dead?? It was a good sales job from a company with connections to law enforcement but please make them stop.
Only for minor DWI where the question is any detectable amount of alcohol. Cost / benefit analysis for DPS: not good since a trooper can testify to that information. Use your money for better things, maybe more instruction? It seems like a lot of folks lately don't even know what "SFST" or "NHTSA" stand for.
Agree with everyone and especially Philip Ray and redacting. Saw my predecessor, Rob Schneider, lose one because the jury thought the mean ole prosecutor was hiding info from them.
Jury was hacked when they found out what had been "cut out"; but too late then!
Didn't mean to be beating on Rob. Just see all of us fighting the same problem.
Had a defendant upset this week because he refused the breath-alyzer thinking he'd already blown when he did the PBT...the defendant was none-to-happy when he learned he'd "refused" the breath test...
Seems like the PBT isn't worth the trouble?
I printed out the responses to my post on this topic as well as the e-mails that I received and delivered them to Major Baker in Highway Patrol. The Captains meet tomorrow and Major Baker is going to put the topic on the agenda. This may have to be addressed on a county by county basis. Please don't forget, you can always contact your area sergeant, or if necessary contact the Captain for the area. If you need names and numbers, contact me at DPS. I believe my e-mail address is on my original post on this topic.
|Powered by Social Strata||Page 1 2|
© TDCAA, 2001. All Rights Reserved.