This seminar will assist attendees in better understanding all procedural and substantive aspects of Maine's operating under the influence cases, from arrest to final disposition and beyond. We will examine the science underlying breath and blood testing, current case law and immigration/international issues, the administrative process and the dynamics of trial work from the perspective of prosecutors and defense attorneys.
- Case law update and the Canadian dilemma
- The administrative hearing: breath tests/refusals and probable cause
- A prosecutor's perspective
- Cross-examination of police officers
- Scientific issues
9:00 a.m. - 10:00 a.m.
I. Case Law Update And The Canadian Dilemma
A. General Case Law Update
B. Collateral Damage
C. How To Find The Answers
10:00 a.m. - 11:00 a.m.
II. The Administrative Hearing: Breath Tests/Refusals And Probable Cause
A. The Breath Test Paradox
B. Refusals: Don't Just Say 'No'
C. The Death Of Probable Cause: A Post-Mortem Exam
11:00 a.m. - 11:15 a.m.
11:15 a.m. - 12:15 p.m.
III. A Prosecutor's Perspective
A. To Prosecute Or Not To Prosecute
B. Trial Preparation: The Cop, The Facts And Other Things To Lose Sleep Over
C. Crime And Punishment
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:15 p.m.
IV. Cross-Examination Of Police Officers
A. Drunk World versus Sober World
B. Field Sobriety Tests Ain't Relevant
C. Do Unto Others ....
2:15 p.m. - 2:30 p.m.
2:30 p.m. - 3:30 p.m.
V. Scientific Issues
A. Basic Breath Testing In 15 Minutes
B. Margin Of Error And The .08-0.10 Case
C. Breath Temperature And Other Issues
3:30 p.m. - 4:00 p.m.
4:00 p.m. - 4:30 p.m.
VII. Questions And Answers