The Criminal Justice System: A Guide for Law Enforcement ... - NHTSA

PRACTICE POINT
USE CLEAR AND
PRACTICE
CONVINCING
POINT
LANGUAGE
USING CLEAR AND CONVINCING LANGUAGE
Field notes are only as good as the information they contain. Reports must be clearly written
and events accurately described if the reports are to have evidentiary value. One persistent
problem with DWI Field incident notes reports are only is as the good use of as vague the information language to they describe contain. conditions, Reports must
events, and statements. be clearly When written vague and language events accurately is used, reports described provide if the a murky reports picture are to of have
what happened. evidentiary Clear and convincing value. One field persistent reports provide problem strong with evidence DWI incident in court. reports is the
use of vague language to describe conditions, events and statements.
Vague language Clear language
When vague language is used, reports provide confused picture of what
Made an illegal happened. left turn on Clear Jefferson and convincing From Main, field turned reports left (northbound) provide strong onto evidence Jefferson, in
court.
which is one way southbound.
Drove erratically Was weaving from side to side in his lane, and then
Consider the following examples.
he crossed center line twice and drove on right
shoulder three times. All within two blocks.
Vague language Clear language
Driver appeared drunk Driver’s eyes bloodshot; watery; gaze fixed; hands
Made an illegal left turn shaking. Turned Strong left odor (north-bound) of alcoholic beverage onto Jefferson, on
driver’s breath.
which is one-way southbound
Vehicle stopped in unusual fashion Vehicle struck, climbed curb; stopped on sidewalk.
Drove erratically Was weaving from side to side within his lane; then he
crossed Vehicle center crossed line the twice center and line drove on Vehicle drifted completely into the opposing traffic
lane.
DWI INVESTIGATION FIELD NOTES
One of the most critical tasks in the DWI enforcement process is the recognition
and retention of facts and clues that establish reasonable suspicion to stop, investigate,
and subsequently arrest persons suspected of driving or operating a vehicle while
impaired. The evidence gathered during the detection process must establish the elements
of the violation and must be documented to support successful prosecution of the
violator. This evidence is largely sensory (sight, smell, hearing) in nature, and therefore is
extremely short-lived.
You must be able to recognize and act on the facts and circumstances with which
you are confronted. But you also must be able to recall those observations and describe
them clearly and convincingly to secure a conviction. You may be inundated with
evidence of DWI (i.e., sights, sounds, smells). You recognize this evidence, sometimes
subconsciously, and on this evidence base your decisions to stop, investigate, and
ultimately arrest.
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