Section 14.12 Line of Questioning Regarding Failure to Consider Clues of Sobriety

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This line of questioning will likely have its best effect when used in conjunction with questioning about the officer writing a complete and accurate report for the prosecuting attorney. Carl Ward, who is known statewide for his exceptional defense of citizens accused of DWI, shared this line of questioning with his colleagues in the National College of DUI Defense, Inc., and it might read as follows:

Officer, do you take into account indications of sobriety when making your DWI arrest or no arrest decision?

I base my decision on the totality of the circumstances. (Totality means clues of sobriety and intoxication.)

In evaluating the totality of the circumstances, do...