Case Presents A DWI Dilemma.(Journal North)
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Police Procedure Could Be Changed The dismissal of DWI charges against a Santa Fe County commissioner illustrates what could be a growing problem for prosecutors caused by the use of “preliminary” breath tests. Officers in the field have begun using the preliminary tests because judges sometimes considered the old field sobriety tests insufficient for probable cause to administer a breath test. Now, officers often use the preliminary breath test to determine whether there is probable cause to administer a more sophisticated version that is admissible in a prosecution. Prosecutors agree preliminary tests are designed to detect the presence of alcohol but do not provide a reliable measurement as to the level of intoxication. However, the aggravated DWI case against Commissioner Paul Duran shows one of the potential pitfalls in this two-test approach. Duran blew a 0.10 on the preliminary test — the state’s legal limit for DWI… Source : accessmylibrary.com |