Form 109: Dwi Cross Examination Questions

• Library: Criminal Law Forms (ABA) (2013 Ed.)

Form 109: DWI Cross Examination Questions

DWI Cross Examination Questions By Kenneth Vercammen, Esq.

Editor- NJ Municipal Court Law Review and lecturer on DWI for both the NJ State Bar Association and NJ Police Chiefs Association

Probable Cause for Stop

1. No accident?

2. No criminal violation?

3. Traffic light per ticket?

4. According to Report-Not close to hitting other car

5. According to Report not endangering any person/property?

6. No details in report of driving willful or wanton disregard of rights of others?

7. No ticket for lane violation?

8. No ticket for careless?

9. No reason to believe weapons?

10. No tip by "reliable" informant?

11. Pulled over my client without a warrant?

12. No Radar?

13. No Pace?

14. Could not have issued ticket for speeding?

Cross-of Police Regarding Field Sobriety

15. Do you have documents describing how, under what conditions and by whom each test was given? Are you aware the National Highway Traffic Safety Administration has advice and instructions on giving the Field Sobriety Test.

15A. Walk and Turn

Your report does not say that you:

• Always begin by having the subject assume the heel-toe stance

• Verify that the subject understands that the stance is to be maintained while the instructions are given.

• If the subject breaks away from the stance as the instructions are given, cease giving instructions until the stance is resumed

• Tell the subject that he or she will be required to take 9 heel-to-toe steps down the line, to turn, and to take 9...