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THE GOOD, THE BAD & THE UGLY

THE GOOD, THE BAD & THE UGLY. Try Your Case In A Deposition. Prepared by Joseph S. Passanise July 19, 2013 DWI Law & Science Seminar Tan-Tar-A Resort. Presumptions Some Rules Of The Road Defense Strategies Credibility Curve Built in Bias SFT’s . OVERVIEW. Depositions Bring Out Bias

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THE GOOD, THE BAD & THE UGLY

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  1. THE GOOD, THE BAD & THE UGLY

    Try Your Case In A Deposition Prepared by Joseph S. Passanise July 19, 2013 DWI Law & Science Seminar Tan-Tar-A Resort
  2. Presumptions Some Rules Of The Road Defense Strategies Credibility Curve Built in Bias SFT’s OVERVIEW Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  3. Depositions Bring Out Bias Use Of Experts OVERVIEW Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  4. PRESUMPTIONS Usually Two People Involved In A DWI Case -1 Of Which Was Drinking! Of The Two, 1 Of Which Is More Pre-disposed To Lie. Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  5. RSMo §577.010.1 A Person Commits The Crime Of Driving While Intoxicated If He Operates A Motor Vehicle While In A Intoxicated Or Drugged Condition. SOMERULESOFTHEROAD Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  6. 2. State v Schroeder 330 SW 3d.408 (Mo Banc. 2011) A Person Is In An Intoxicated Condition When “His Use Of Alcohol Impairs His Ability To Operate An Automobile. SOME RULES OF THE ROAD Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  7. State v Adams 163 SW 3d 35 (Mo App SD 2005) Prosecutor’s Dream BAC .06 Reaffirms Principle NO # In DWI Law SOME RULES OF THE ROAD Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  8. State v Seitz 384 SW 3d 384 (MO Ap SD 2012) In Absence Of Chemical Test Gov Meets Burden From Witness Based On Observations. SOME RULES OF THE ROAD Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  9. State v Edwards 280 SW 3d 184 (MO App ED 2009) It Is The FACT Not The Degree Of Intoxication RSMO §577.037.5 (3) Substantial Evidence SOME RULES OF THE ROAD Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  10. RSMo §577.037.5 (3) There Is Substantial Evidence Of Intoxication From Physical Observations Of Witnesses Or Admissions Of The Defendant. SOME RULES OF THE ROAD Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  11. The Credibility Curve Built In Bias SFT’s – Probable Cause/Doubt? Use Of Experts Depositions DEFENSE STRATEGIES Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  12. Timeline – The DWI Incident Does It Make Sense! Contact Arrest Implied Consent Miranda THE CREDIBILITY CURVE Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  13. 15 min AIR Questions BAC Ticket Report Writing Breakdown The Officer Observations THE CREDIBILITY CURVE Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  14. Driving Observations Outside FST’s FST Performance After Arrest Observations THE CREDIBILITY CURVE Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  15. The Verbs - Crossed The Adjectives – Slightly Slurred The Conclusory Words The Legal Terms Indicators of Impairment Totality Of The Circumstances Patterned Report Writing BUILT IN BIAS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  16. Dueling Battle SFT’s Admissibility/Sufficiency Weight Assigned Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  17. Officer Knowledge Directions Demonstration Tone/Speed of Voice Admissibility In Court Challenge - Sufficiency SFT’s Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  18. Weight Assigned Weight Brown v Director, 85 SW 3d 1 (MO Supreme Ct 2002) “A Court Can Disregard Improper SFT’s When Making A Probable Cause Decision”. SFT’s Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  19. Focus on the 3 Components The Stop The Roadside Interaction Post – Arrest Bring out The BIAS! DEPOSITIONS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  20. BIAS Focus On What Client Did Right Officers Have A Hard Time Understanding The Difference Between PC/Proof Beyond Reasonable Doubt. DEPOSITIONS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  21. Officers Use Legal Terms Totality Of The Circumstances Indicators Of Impairment DEPOSITIONS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  22. You Can Read AIR How Does Officer Testify Officers Memorize SFT’s Directions Officers Take Classes To Testify Officers Read Reports Under Oath DEPOSITIONS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  23. Officers Get Nervous Like Our Clients – Pressure Conclusionary Words Learn How Officer Thinks AIR – Complete The Paperwork DEPOSITIONS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  24. Conclusionary Words Slurred Speech Swaying Blood Shot Eyes DEPOSITIONS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  25. DRUNK CHART DEPOSITIONS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  26. Weigh The Indicators Officers Assign Some Indicators Carry More Weight BIAS Is Never Collateral! Davis v Alaska (1974) 94 S.Ct. 110J DEPOSITIONS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  27. Back Up Officer Video – Contradicts AIR Speech FST’s 3. Refute The DWI Officer Expert Testimony – Show BIAS. DEPOSITIONS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  28. Experience Arrests Testimony No Chronological Order Move Around Focus On Specific Facts And Observations DEPOSITIONS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  29. “I Don’t Know” “I Don’t Remember” “I Don’t Recall” Balance the Facts Officer Good and Bad Get Officer to Assign Percentages - Weight DEPOSITIONS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  30. Different Types Of DWI Officers Require Different Tactics Rookie Middle Reliever The Closer DEPOSITIONS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  31. Review Reports Prepare For Deposition FST Expert BAC Expert Toxicologist USE OF EXPERTS Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  32. Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
  33. THANK YOU! Joseph S. Passanise Entrapped.com Law Offices of Dee Wampler & Joseph S. Passanise DWI Law & Science Seminar – July 2013
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