dui report writing - iptm.unf.edu v_dui report... · make sure that the stopping officer fills this...

DUI Report Writing:

Best Practices for Completing

the DUI Alcohol/Drug

Influence Report

Vin Petty

Florida Traffic Safety Resource Prosecutor

1DUI Report WritingVin Petty, Florida TSRP

DUI Report Writing

Best Practices for Completing the DUI

Alcohol/Drug Influence Report

DISCLAIMER This presentation may contain materials created by

others. Such material is used under a claim of Fair Use pursuant to the Fair Use guidelines in face‐to‐face instructional education activities. Additional use and/or distribution of that material is prohibited.

The opinions and analyses expressed in this Presentation are not necessarily those of all Law Enforcement Agencies and SAOs in Florida.

Consult with your Agency Legal and/or SAO regarding any issues of applicability in your jurisdiction

DUI Report Writing – General Tips



• Write More, Not Less!

• The average time between your completion of the DUI Report and a motion/trial is 6-9 months

• If you did not write a full and complete report, you will not be able to survive cross examination


• Spell check (especially drug names)• EXAMPLE: Xanax (most commonly misspelled

drug)• TIP: Use Google to verify proper drug spellings

• Use proper grammar / punctuation

• Use proper formatting• Bold section headers• Distinct and separate paragraphs

• Fully report Defendant quotes



• Document the Defendant’s Vehicle:

• Make• Model• Color• Year• VIN• Tag

• If a novelty tag, make sure to include that information … or, better yet…



• Document how you ID the Defendant:• Florida DL – include DL Number• Florida ID Card – include ID Number• Out-of-State DL – include state & DL Number• Out-of-State ID Card – include state & ID Number • DAVID• FCIC/NCIC

• Document your patrol vehicle• i.e. – Marked Crown Vic / Unmarked Chevy

Tahoe



• Always include a detailed witness list• Always include photocopies of all citations

• Criminal & Civil• Always include photocopy of the

Defendant’s DL or ID card• Always include a detailed vehicle inventory

• NOTE: Not a “search incident to arrest” but instead an “inventory search pursuant to agency policy” to protect the Defendant’s property

• See Arizona v. Gant, 129 S.Ct. 1710 (2009).


• If Breath Test:• Always include a copy of

your BTO Training Certificate and BTO Permit if you are the one who conducted the breath test

• Make sure that the form is properly notarized/attested to

• NOTE: This should be on the same date as the test!


• If Refusal:• Always include a copy of the Refusal Affidavit• Make sure the arrest time is prior to the

refusal time• NOTE: Do NOT list these as the same exact time!

• Make sure that the form is properly notarized/attested to

• NOTE: This should be on the same date as the test!



• Most Forgotten Items in DUI Reports

• Initial Contact Supplements• Written Statements• Contact Information• Times


• Most Forgotten Items in DUI Reports:• Initial Contact Supplements

• If you did not make the initial stop yourself, make sure that the stopping officer has properly completed an “Initial Contact Supplement”

• This supplement should be a “Mini Report” and should contain thorough details as to all aspects of his or her initial encounter with the Defendant, including:

• Phase I: Vehicle in Motion• Phase II: Personal Contact

• Keep copies of this form in your patrol vehicle and make sure that the stopping officer fills this out immediately on scene


• Most Forgotten Items in DUI Reports:• Written Statements

• Request any witness(es) on scene complete a written statement form

• Keep copies of this form in your patrol vehicle and make sure that any lay witness on scene fills this out immediately

• Ask the lay witness to include a detailed description as to what they observed

• Explain that the purpose of this statement is to allow them to better remember the events if they are asked to testify at a later date

• Ask the lay witness to include enough details so that this statement will remind them of the events at a later date





• Do not forget to get statements from all passengers in the Defendant’s vehicle

• Even if those passengers are the spouse/significant other of the Defendant…



• Make sure to have any Fire Rescue/EMS Personnel on scene complete a written statement

• Fire Rescue/EMS are often the first on scene, and they can be a great resource to place a Defendant behind the wheel

• EXAMPLE 1: DUI Manslaughter Scene, multiple individuals in the car/ejected; EMS testified that the only person who survived was the person that they extricated from the driver’s seat

• EXAMPLE 2: DUI Manslaughter Scene, determining whether seatbelts were utilized; EMS testified that they had to cut the driver and passenger out of the seatbelts




• Make sure to have any person who takes a blood draw complete a written statement

• Suggest inclusion of the following items:• Date/time of blood draw• Physical location of blood draw (i.e., ER Trauma Bay 2)• Part of body blood draw from (i.e., Left Upper Arm)

• Who provided the blood kit?• Blood kit expiration date?• Was blood kit sealed & who broke the seal?• Non-alcohol swab?• Tube color & presence of anticoagulant powder?• Were tubes inverted after the draw?


• Most Forgotten Items in DUI Reports:• Contact Information

• Make sure to get contact information from all witnesses (including passengers)

• Contact information should include the following:

• Full name• Date of birth• Home address• Work address• Home phone• Work phone• Cell Phone• E-mail address

DUI Report Writing – General Tips• Most Forgotten Items in DUI Reports:

• Times• Defense attorneys will always try to lock you

down to specific times, so make sure times are always noted in your report:

• Dispatch Time / Arrival Time / Arrest Time• Breath Test Times

• Observation Period Times – both start and finish• NOTE: Do NOT conduct the observation period

during transport• Breath Test Time• Refusal Time – make sure that this is not the same

time as the arrest time on the Refusal Affidavit• EXAMPLE: Arrest Time = 1800; Refusal Time = 1801



• Most Forgotten Items in DUI Reports:• Times

• Make sure that you not only document specific times, but also that your narrative flows in proper chronological order

• EXAMPLE 1:

vs.


• Most Forgotten Items in DUI Reports:• Times

• Make sure that you not only document specific times, but also that your narrative flows in proper chronological order

• EXAMPLE 2:


• Checking the boxes is great, but it is no substitute for a detailed narrative report

• You should utilize a uniform format that covers all three (3) phases of a DUI Investigation and gives you ample space to complete a detailed narrative as to each phase



• The three (3) phases of a DUI Investigation that must each be fully documented are:

• Phase I: Vehicle In Motion• A) Driving Pattern• B) Observations During the Stop Command

• Phase II: Personal Contact• Phase III: Pre-Arrest Screening

• A) SFST Pre-Screening Questions• B) SFST Administration / Performance

DUI Report Writing –Phase I: Vehicle in Motion

• Document ALL Grounds for the Stop• It does not matter if you issue citations for all

grounds, but you need to list them all• Defense Attorney Cross Exam Trap

• Q: “Officer, you are now testifying that you observed my client swerving, speeding and strike a curb… but your report only indicates speeding?”

• A: “I’m sorry, I must have forgotten to include that in my report.”

• Q: “Well, you wrote your report when these events were fresh in your mind, correct?”

That does not sound good to a jury; had you listed all of the grounds initially, you could have avoided this trap


• Document ALL Grounds for the Stop• Defense Attorney Cross Exam Trap – Flip Side:

• Q: “Officer, you say you saw my client swerving, speeding and hit a curb… but you did not cite my client for those violations, did you?”

• A: “No Sir, I did not.”• Q: “So why didn’t you cite him for those things?

Isn’t it because you didn’t think he committed any violations that you could cite him for?

• A: “No Sir, these violations occurred; however, I cut him a little slack and did not write him a bunch of added civil citations.”

So it doesn’t matter if you cite the Defendant or not; if you don’t, the Jury might like you more



• Phase I Narrative Should Include:• Time & Distance

• Defense Attorneys love to hammer you with questions on time & distance, so make sure to include specifics as to the following:

• Where/when you first observed the infraction/driving pattern

• Specific time you followed the Defendant after that observation

• Where/when you initiated the Traffic Stop


• Phase I Narrative Should Include:• Time & Distance

• TIP: Use patrol vehicle odometer• Notate mileage at initial observation & stop

• TIP: Use & list geographic references to be able to better explain the time & distance to a jury

• Example: “I first observed the Defendant swerving at A-Street; I then continued to follow the Defendant from A-Street to E-Street. During that time, I observed ____ and I conducted a stop at E-Street.”

• By giving specific geographical references in your narrative, you should be able to better estimate the times/distances involved in your stop


• Phase I Narrative Should Include:• Specific details as to the traffic

infraction/driving Pattern• Failure to be specific will result in a Motion to

Suppress • Failure to be specific will result in DHSMV/BAR

invalidating the suspension• Or worse …




infraction/driving Pattern• TIP: If you merely indicate, “I stopped the

Defendant for speeding,” DHSMV/BAR will likely throw out your stop; to avoid this, you must include the basis for your speed measurement

• i.e., list whether it was a visual observation, radar, laser, pace, etc…

• If radar/laser, indicate the make/model/serial number along with copies of your Radar Logs, Calibration & Speed Measurement Training Certificates



infraction/driving pattern• TIP: If you merely indicate, “I stopped the

Defendant for swerving,” DHSMV/BAR will likely throw out your stop; to avoid this, you must include specifics, including but not limited to:

• How many times did the Defendant swerve?• How far over the line did the Defendant swerve?• Was the swerving within or outside the lane?• Was any other traffic affected?• Were you concerned for potential

medical/mechanical or impairment issues?


• Phase I Narrative Should Include:• Specific details as to defendant’s reaction

to the stop command• Did the Defendant slam on his brakes?• Did the Defendant commit any new infractions?• Did the Defendant immediately speed up?• Did the Defendant try to flee?



• Phase I Narrative Should Include:• Specific details as to defendant’s reaction

to the stop command• TIP: If you indicate, “Slow to Respond,” be ready

to explain what you meant by that:• How far did the Defendant continue to drive prior to

stopping?• Did the Defendant stop at the first available safe

location?• Did the Defendant pass multiple safe locations prior

to stopping?• i.e. – “The Defendant could have immediately pulled

over into the right turn lane, yet instead he continued to drive for approximately 1-mile, passing a grocery store parking lot, a fast food parking lot, and a gas station parking lot…”

DUI Report Writing –Phase I: Vehicle in Motion – APC Situation

• In Actual Physical Control (APC) cases, the most important factor to document…• The location of the keys!

• Make sure that you document where you found the keys in your report

• One of the best ways to do this is to not only put it in your report, but also take a photo…





• In Actual Physical Control (APC) cases, the next most important factor to make document…• That the keys actually

operate the vehicle!• Make sure to check &

document that the keys found on the Defendant can actually start the car…

DUI Report Writing –Phase I: Vehicle in Motion• Example 1

vs.


DUI Report Writing –Phase I: Vehicle in Motion• Example 2

DUI Report Writing –Phase I: Vehicle in Motion• Example 2 (Continued)

DUI Report Writing –Phase II: Personal Contact



• Phase II Narrative Should Include:• Specific details as to impairment indicators

• Odor of Alcohol: Very Strong, Strong, Moderate, None – etc.

• TIP: Give something quantifiable• Do not just say “obvious”

• TIP: Indicate that the odor was coming specifically from the Defendant’s mouth

• Otherwise, at trial it will come out that the odor was actually coming from where the waitress spilled beer on the Defendant’s shirt

• TIP: If there are multiple passengers in the vehicle, make sure to indicate that the odor was coming distinctly from the driver and that you can be sure of that as the odor was still apparent after he had exited the vehicle


• Phase II Narrative Should Include:• Specific Details as to impairment indicators

• Eyes: Bloodshot, Watery, Glassy, Inflamed, Red – etc.• Make sure to note other eye indicators, such as:

• Eyelid Tremors / Droopy Eyelids • Pupils: Constricted, Dilated, Poor Reaction to Light – etc.


• Phase II Narrative Should Include:• Specific Details as to impairment indicators

• Speech: Slurred, Mumbled, Low & Raspy, Incoherent – etc.

• Color of Face: Pale, Flushed, Sweating – etc.

• Attitude• Listening Ability

Etc, etc, etc… just make sure to Be Specific!!



• Phase II Narrative Should Include:• Specific details as to Defendant’s clothing

• Make sure that you list enough descriptors of the Defendant’s clothing so that you will be able to remember this specific Defendant when asked on cross examination


• Phase II Narrative Should Include:• Specific details as to exiting the vehicle• Specific details as to standing ability• Specific details as to walking ability• Any additional relevant details:

• Body Tremors• Track Marks• Dry Mouth• Masking Odors



• Phase II Narrative Should Include:• Specific responses to routine questions

• Are you doing ok tonight?• Are you experiencing a medical issue?• Are you experience a mechanical problem?• Where are you coming from?

• How long were you there?• What were you doing there?

• Where are you going to?



• Phase II Narrative Should Include:• Specific responses to routine questions

• By asking such specific questions and locking the Defendant in to specific answers, you can prevent random defenses from appearing at Trial; additionally, you may catch the Defendant in inconsistencies or may obtain answers that show that the Defendant has a lack of awareness to his surroundings

• Examples: • Defendant claimed to have been headed to Location A

from Location B, yet he is traveling in the opposite direction

• Defendant claimed to have been at the bar for a few hours, yet at trial claims that he was only there for a moment to pick up a friend


• Phase II Narrative Should Include:

• If Alcohol…


• Phase II Narrative Should Include:• If Alcohol – Make Sure to Ask:

• How much did you have to drink?• When did you start drinking?• When did you stop drinking?

Those questions are some of the most important questions that you can ever ask in a DUI case; by locking a Defendant into a specific drinking history, you can potentially prevent a defense expert from coming forward to testify as to extrapolation data because you have already locked the Defendant into answers which would likely negate any potential extrapolation!


DUI Report Writing –Phase II: Personal Contact• Phase II Narrative Should Include:

• If Alcoholic Container Observed – Include:• Open or closed container• Brand• Container type• Container size• Location in vehicle• Temperature – i.e., Cold / Condensation / Warm• Amount left in container


• If Alcoholic Container Observed – Include:• TIP: Smell the liquid & describe its appearance

• Some judges will not allow any mention of the open container if you cannot tell the judge how you knew it contained alcohol

• If you smell the container and can describe the alcoholic odor, the State has a much better chance of admitting testimony regarding the open container

If at all possible, take photos of the alcoholic containers!!!


• “Several beer bottles were found in the defendant’s vehicle…”



• Don’t let a juror wonder where something was found, show them & eliminate any doubts…


• The # 1 excuse for an open container found in the center console is …


• If Bar Bands or Receipts Observed –Include:

• Photocopy of the bar band / bracelet / hand stamp

• Photos of the bar band / bracelet / hand stamp on the Defendant

• Photocopy of the receipt• Photos of the receipt



• If Bar Bands or Receipts Observed –Include:

• TIP: Get to know the bars in your patrol zone so that you can distinguish where a bar band / bracelet / stamp is from

• TIP: Know which bars offer “Happy Hour” and what is offered during those periods

• TIP: Know which bars offer “Ladies’ Night” and what is offered during those periods


• Receipts• It’s tough to explain

away a $200 bar tab…• …or even a $38 bar

tab if you’re at the right bar

Capone’s302 SW 2nd Street

Fort Lauderdale, FL 33312

Server: Amy Reg: 003--------------------------------------------------------------

Chk: 1401 12/10/09 9:23 PM--------------------------------------------------------------

4 Corona bottle @ 5.00 20.003 Bud Light bottle @ 5.00 15.001 Pabst BR @ 3.00 3.00

Subtotal 38.00

12/10/09 11:12pm TOTAL 38.00

DON’T DRINK & DRIVENeed a cab? Notify the bartender

And we’ll be happy to call one for you

MERCHANT COPY

DUI Report Writing –Phase II: Personal Contact• Drink Specials



• If Drugs…


• If Drugs – Make Sure to Ask:

• When did you last take the drug?• How much did you take?

Those last two questions are absolutely crucial in a drugged driving case; as most drugs can stay in a person’s urine for up to 5-7 days (potentially up to 30-days for Marijuana), several cases have held that urine results are inadmissible as unduly prejudicial without admissions of (or circumstantial proof of) recent usage


• Phase II Narrative Should Include:• If Drugs – Make Sure to Ask:

• Is the drug prescribed to you?• Who prescribed that drug to you?• When did you last refill the

prescription for that drug?• How long have you been taking

that drug?• How often do you take the drug?• How much are you supposed to

take?



• Phase II Narrative Should Include:• If pill bottles/paraphernalia observed –

include:• Specifics as to the pill bottle

• Prescribing doctor• Date last filled• Amount filled• Amount left in bottle• Color of the pills• Dosage of the pills• Specifics as to any warning labels


• Phase II Narrative Should Include:• If pill bottles/paraphernalia observed –

include:• TIP: Photocopy the pill bottle Label; that can

potentially be used to impeach a Defendant if he or she claims that he is allowed to drive while taking that Drug

If at all possible, take photos of the pill bottles or paraphernalia!!!

DUI Report Writing –Phase II: Vehicle Personal Contact• Example 1


DUI Report Writing –Phase II: Vehicle Personal Contact• Example 1 (continued)

vs.

DUI Report Writing –Phase II: Personal Contact• Example 2

DUI Report Writing –Phase II: Personal Contact• Example 2 (continued)


DUI Report Writing –Phase II: Personal Contact• Example 2 (continued)

DUI Report Writing –Phase II: Personal Contact• Example 2 (Continued)

DUI Report Writing –Phase III: Pre-Arrest Screening

• Phase III Narrative Should Include:• Specific details as to location of SFSTs

• Surface:• Parking lot / roadway – etc.• Flat / level – etc.• Concrete / asphalt – etc.

• Lighting:• Dawn / dusk / daylight – etc.• Street light / no street light – etc.• Flash light / lighting from vehicle – etc.

• Traffic:• Light• Moderate• Heavy• None• Parking lot




• Phase III Narrative Should Include:• Specific Description of the SFST Pre-

Screening Questions• If the Defendant does not indicate any medical

condition, make sure to document that as well; if you do not lock the Defendant in to his or her physical abilities, at trial he or she will argue that the poor performance was based on some physical disability and was not due to impairment


• Phase III Narrative Should Include:• Specific Description of the SFST Pre-

Screening Questions• If the Defendant has any medical condition which

would prevent him or her from safely completing the SFSTs, make sure to document that

• If the Defendant does express some physical disability, offer him or her the “Alternative” SFSTs

• Should the Defendant still refuse the “Alternative” SFSTs, make sure to document that fact

• i.e. “Due to the Defendant’s disability, I offered him the opportunity to complete the Alternative SFSTs which would not be affected by his disability; however, he still declined to perform those Alternative Exercises.”

DUI Report Writing –Phase III: Pre-Arrest Screening• Phase III Narrative Should Include, at a

Minimum:• Specific Description of the SFST Pre-

Screening Questions



• Phase III Narrative Should Include:

• A detailed narrative as to the Defendant’s performance on the SFSTs

• Checking the boxes is NOT enough; you need to be as specific as possible to be able to survive cross examination…

DUI Report Writing –Phase III: Pre-Arrest Screening• Example 1

DUI Report Writing –Phase III: Pre-Arrest Screening• Example 1 (continued)



vs.

DUI Report Writing –Phase III: Pre-Arrest Screening• Example 2





DUI Report Writing –Issue Spotting Exercises


DUI Report Writing –Issue Spotting Exercise

Exercise # 1



Exercise # 1Issues?



• Issue # 1

CUTTING/PASTING STATUTE INTO NARRATIVE

DUI Report Writing –Issue Spotting Exercise• Issue # 2

SFSTREQUEST?

DUI/AIR?WHERE IS REST OF REPORT?


Breath Results?



Exercise # 2



Exercise # 2Issues?


• Issue # 1

“GEORGE”


• Issue # 2

ADVERSECONSEQUENCES OF REFUSAL?



• Issue # 3

IMPLIED CONSENT PROCEDURE


• Issue # 4

IMPLIED CONSENT PRIOR TO

ARREST?


• Issue # 5

WHEN WAS – OR WAS THERE EVER – A PRIOR REFUSAL?



• Issues # 6 & 7 SAME ARREST & REFUSAL TIME?

BREATH, BLOOD & URINE?


INITIAL CONTACT SUPPLEMENT?


WHERE IS THE NARRATIVE?


DUI Report Writing – Conclusion Document Why Drinking is Bad…

Questions?

Vin Petty Florida TSRP (850) 566-9021 [email protected]

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