DWI questions for DA

[Nolacopusmc]

I am in this DWI class and we have the DA coming in tomorrow to go over report writing and courtroom testimony.

What would be some good questions to ask to help clarify the DWI law or situations?

No bulllshit. Real questions.

 

[charlie12]

How can we get more LEO certified to write DWI's instead of giving them away to other agencies or cutting them loose? That might not be a question for the DA but for a Chief or Sheriff.

 

[Bearco]

Will they actually start jailing multiple offenders with the new laws?

 

[charlie12]

This happened in our DWI case.

"District Attorney Scott Perriloux says he agreed with his assistant district attorney -- that a DWI charge against Eddleman could not be proved because he had refused the field sobriety and breath tests. That means any evidence from the state trooper, the witness or the video tape would never be presented in court."

Would your DA handle a case like that or put it to the Judge and let him decide if there was enough evidence to prove DWI?

 

[Summit_Ace]

Are DWI check points legal in Louisiana? If so,what is the probable cause for making the stop?

 

[Nolacopusmc]

Are DWI check points legal in Louisiana? If so,what is the probable cause for making the stop?

Yes, they are. You need none. the checkpoint itself is authorized by law.

Here is the one for seatbelts:

295.4. Guidelines for seat belt and motor vehicle liability security checkpoints; law enforcement agencies

All law enforcement agencies involved in traffic enforcement shall establish guidelines for the operation of seat belt checkpoints and proof of compulsory motor vehicle liability security checkpoints. Such guidelines shall include but not be limited to the following provisions:

(1) The location, time, and duration for seat belt and compulsory motor vehicle liability security checkpoints shall be established in written form by supervisory or other administrative personnel of the law enforcement agency rather than the field officers implementing the checkpoint.

(2) Provision for advance warning to the approaching motorists with signs, flares, and other indications to warn motorists of an impending stop and to provide indication of its official nature as a police checkpoint.

(3) Provisions to ensure detention of motorists for a minimal length of time.

(4) The use of a systematic, nonrandom criteria for stopping motorists.

Acts 2003, No. 374, §1.

 

[Nolacopusmc]

This happened in our DWI case.

"District Attorney Scott Perriloux says he agreed with his assistant district attorney -- that a DWI charge against Eddleman could not be proved because he had refused the field sobriety and breath tests. That means any evidence from the state trooper, the witness or the video tape would never be presented in court."

Would your DA handle a case like that or put it to the Judge and let him decide if there was enough evidence to prove DWI?

There is no need for any tests including SFST or Chemical tests to get a conviction for DWI. The officer's report of his observations about the drivers condition and behavior are enough and in this jurisdiction, we do get convictions.


Furthermore, you will still be booked if you refuse, and the refusal alone is a crime.


i do not necessarily agree with it on a constitutional level, because in a way it criminalizes your 5th ammendment rights, but it is a law and will most likely never go away.

 

[Nolacopusmc]

How can we get more LEO certified to write DWI's instead of giving them away to other agencies or cutting them loose? That might not be a question for the DA but for a Chief or Sheriff.

Obviously a training issue. i can tell you we are all gung ho about it now because of fedetral grant money to support enforcement. Just couldn't afford to send everyone to training. SFST is now becoming part of the academy. Still need to go to the state for Intoxilizer training though.

 

[aroundlsu]

I have heard of people being charged with dwi while on bicycles, lawnmowers, etc. I have also heard of people being charged for sitting in the drivers seat of a parked vehicle. Would you prosecute in any of these cases or are these just examples of overzealous officers charging people or things outside the scope of the law?

How about that for a 20/20 style question.

 

[Nolacopusmc]

I have heard of people being charged with dwi while on bicycles, lawnmowers, etc. I have also heard of people being charged for sitting in the drivers seat of a parked vehicle. Would you prosecute in any of these cases or are these just examples of overzealous officers charging people or things outside the scope of the law?

How about that for a 20/20 style question.

Yes, they do prosecute and get convictions. that being said, most of those non-car ones are people with 4,5,6, prior DWI's.

They have also gotten convictions with keys in car, sleeping in car, etc. they got one where the drunk was steering, and two other drunks were pushing.


If you are:
1. Operating or in PHYSICAL Control
2. any vehicle
3. in this state
5. while under the influence (does not have to be .08) The .08 makes it presumptive you are under the influence, but you can still be considered under the influence if at a .001 and up. Of course, you must also consider narcotics.

yes you can get it on private property.
Yes, they can request blood or urine.
Your refusal is a crime within itself.

 

[posse comatosis]

Your refusal is a crime within itself.

More likely a Fourth Amendment issue. It is not a crime to stand on your rights. I'd be glad to test it, but unfortunately the only time I am DWI is at the keyboard.

 

[ryan]

With the checkpoints, do they have to warn you within a certain distance. What I am trying to say is can they warn you a block away from the check point so you have no way to avoid it or do they have to give you ample distance to say avoid it? Any laws or cases reguarding this or is it up to the dept?

What are the expungment rules and how does it work? If it does get expunged, will it still show up in ncic that you were arrested for dwi after the expungment? After an expungment will it show up on any form of employer backround checks?

Say I go to the bar, have a beer or two within 2 hours, not legaly drunk, feel fine and all. I get pulled over, yes I have been drinking, do you have any weapons in the car, yes, I have a gun in the glove box, or yes I have it in my door. Cop pulls me out and determines I am fine to be driving. Is it against the law to have the gun in the car, (not on my person) after I have had one or 2 beers?

Im curious because we dont have any checkpoints or expungment stuff in WI where im from. If you get a DWI in WI its strictly by chance that you got pulled over. On that same note, you cant not carry a gun in WI and if you have a gun in your car it better be unloaded and in a case out of your reach otherwise you have problems.

 

[Narco]

How can we get more LEO certified to write DWI's instead of giving them away to other agencies or cutting them loose? That might not be a question for the DA but for a Chief or Sheriff.

Since CARTA has staring using the LSP HQ Training Area, SFST and Intox are mandatory classes for all attendees.

 

[JBP55]

With the checkpoints, do they have to warn you within a certain distance. What I am trying to say is can they warn you a block away from the check point so you have no way to avoid it or do they have to give you ample distance to say avoid it? Any laws or cases reguarding this or is it up to the dept?

What are the expungment rules and how does it work? If it does get expunged, will it still show up in ncic that you were arrested for dwi after the expungment? After an expungment will it show up on any form of employer backround checks?

Say I go to the bar, have a beer or two within 2 hours, not legaly drunk, feel fine and all. I get pulled over, yes I have been drinking, do you have any weapons in the car, yes, I have a gun in the glove box, or yes I have it in my door. Cop pulls me out and determines I am fine to be driving. Is it against the law to have the gun in the car, (not on my person) after I have had one or 2 beers?

Im curious because we dont have any checkpoints or expungment stuff in WI where im from. If you get a DWI in WI its strictly by chance that you got pulled over. On that same note, you cant not carry a gun in WI and if you have a gun in your car it better be unloaded and in a case out of your reach otherwise you have problems.

They put up traffic control and warning signs and once you enter you must go through the check point. If you attempt to avoid the check point you will be stopped and cited for disobeying a lawful traffic control checkpoint. You can look it up.

 

[JBP55]

I have heard of people being charged with dwi while on bicycles, lawnmowers, etc. I have also heard of people being charged for sitting in the drivers seat of a parked vehicle. Would you prosecute in any of these cases or are these just examples of overzealous officers charging people or things outside the scope of the law?

How about that for a 20/20 style question.

ANY means of conveyance. Horse, bicycle, boat, automobile. Skate boards May apply if considered a means of conveyance. Look it up.

 

[Nolacopusmc]

1.

With the checkpoints, do they have to warn you within a certain distance. What I am trying to say is can they warn you a block away from the check point so you have no way to avoid it or do they have to give you ample distance to say avoid it? Any laws or cases reguarding this or is it up to the dept?

2. What are the expungment rules and how does it work? If it does get expunged, will it still show up in ncic that you were arrested for dwi after the expungment? After an expungment will it show up on any form of employer backround checks?

3. Say I go to the bar, have a beer or two within 2 hours, not legaly drunk, feel fine and all. I get pulled over, yes I have been drinking, do you have any weapons in the car, yes, I have a gun in the glove box, or yes I have it in my door. Cop pulls me out and determines I am fine to be driving. Is it against the law to have the gun in the car, (not on my person) after I have had one or 2 beers?

Im curious because we dont have any checkpoints or expungment stuff in WI where im from. If you get a DWI in WI its strictly by chance that you got pulled over. On that same note, you cant not carry a gun in WI and if you have a gun in your car it better be unloaded and in a case out of your reach otherwise you have problems.

1.there are laws, but they basically say there has to be signage. I will try to find exactly which one.

2. Not sure

3. it is not illegal to have it in your car if you have been drinking. It is illegal to carry it concelaed if you are over .05.

 

[Nolacopusmc]

ANY means of conveyance. Horse, bicycle, boat, automobile. Skate boards May apply if considered a means of conveyance. Look it up.

Not a horse, because it has a mind of it's own. However, bike, lawn mower, skateboard, scooter, etc.

 

[ryan]

So gun in car with even one beer is illegal? What will you get charge with? I know the .05 for carrying. I never even have a drop when I carry, but I always have a gun in the car most all the time?

 

[Nolacopusmc]

So gun in car with even one beer is illegal? What will you get charge with? I know the .05 for carrying. I never even have a drop when I carry, but I always have a gun in the car most all the time?

Nothing. there is no law they can charge you with for having a gun in your car when you are drunk. Or mildly intoxicated.

 

[aroundlsu]

I thought the topic was Ask a DA not Ask Nolacop. It would be interesting to hear if the DAs reply to these questions would be any different.