State v. James, Criminal

Alex James has been charged by traffic citation with four counts of driving violations: 1) speeding, 2) careless driving, 3) driving with more than .08 breath alcohol concentration and 4) driving while impaired.
Publisher: NITA
Case File :Softbound, 174 pages
$38.00
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In Stock
ISBN: 9781601562135
Publisher: NITA
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Alex James has been charged by traffic citation with four counts of driving violations: 1) speeding, 2) careless driving, 3) driving with more than .08 breath alcohol concentration and 4) driving while impaired.

Eight weeks ago on a Thursday, James began work at 3:00 p.m. He is a registered nurse in the pediatric intensive care unit of Nita General Hospital. After leaving work at 11:40 p.m., Thursday evening, James met some friends at a local bar and had a few drinks. In the State of Nita, bar closing time is 2:00 a.m. James soon felt light-headed and decided to leave and drive home at approximately 1:35 a.m. Friday morning. James had driven about half a mile when he was stopped for speeding. The officer smelled an odor of alcohol on James's breath. He then administered a Preliminary Breath Test (PBT) and the three standard sobriety tests which James subsequently failed. He was arrested and transported to police headquarters. There the officer read James the implied consent advisory per Nita Statute 418.51, Implied Consent. James was asked and took an Intoxilyzer® 5000 breath test which showed his blood alcohol concentration to be .093. Before the test, he was given the opportunity to call an attorney but he chose not to place the call.

On Friday of that week, James appeared in court and on the advice of his attorney pleaded not guilty to the charges. At that hearing, James asked for a formal complaint. A date for a pretrial hearing was scheduled for Wednesday five weeks later. Before the pretrial hearing could occur, James's attorney died. A continuance was granted to give James a chance to obtain a new lawyer. Three weeks ago, the court held the pretrial hearing. The next day the judge issued a pretrial order. Pretrial findings and order state the following: 1) Given the totality of the circumstances, the stop of Defendant, Alex L. James, was based on probable cause and did not violate Defendant’s Fourth Amendment rights; 2) Probable cause existed to support the arrest of the Defendant; 3) The Defendant's Fifth and Sixth Amendment rights were not violated. Defendant's statements to police were voluntarily made, and Defendant knowingly waived the right to remain silent and to have legal counsel; 4) The PBT preliminary test was valid; 5) The administration of the Intoxilyzer® 5000 test was valid.

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Table of Contents

CONTENTS

Directions for Determining Dates, Ages and Applicable Law

Procedural and Factual History
      Introduction
      Stipulations
            Nita General Hospital Policy--Section 19. Driving While Impaired Dismissal Policy
            Intoxilyzer® 5000
            Toxicologist Report
            Alcohol Impairment Charts
            Progressive Effects of Alcohol Chart

      Issues Raised

      Witnesses

      The Parties
            Plaintiff
                  Witness for Plaintiff

            Defendant
                  Witness for Defendant
      Party and Witness Depositions and/or Statements

      Exhibits and Documents

The Facts
      Detailed Timeline of Significant Dates and Times
      Metropolitan News [Nita, Last in Nation, Tightens DWI Limit]
      Metropolitan News [Stricter DWI Policy Adopted By Nita District Judges]
      Metropolitan News [County Attorney Sentenced. Nita Gets Tough On DWI Offenses]
      Nita Traffic Citation No. 996
      Nita Traffic Citation No. 997
      Nita Traffic Citation No. 998
      Nita Traffic Citation No. 999
      Police Report--Field, Investigative
            Attachment A: Intoxilyzer® 5000 Pre-Test Record [copy]
            Attachment B: Intoxilyzer® 5000 Certification [copy]
            Attachment C: Intoxilyzer® 5000 Log [copy]
            Attachment D: Alcohol Influence Report [copy]
      Breath Alcohol Concentration Analysis Certification for J. J. Lifton
      Voluntary Statement of Alex James
      Witness Statement by Shannon Draper
      Police Follow-Up Report (with water damaged documents)
      Letter from Marion Keyes to Attorney for Alex James and Alex James
      Letter from Jayne Hugdahl to Alex James
      Letter from Nancy Axten to Alex James

Pleadings
      Complaint

Judge's Pretrial Order

Appendices
      Appendix A: Directions
            Burden of Proof
                  Court or Jury Trial
            Order of Presentation and Rules of Evidence
                  Court or Jury Trial
            Suggested Time Schedules
                  Court Trial
                  Jury Trial
            Negotiation

      Appendix B: Applicable Criminal Statutes
      Appendix C: Joint Statement of The Case
      Appendix D: Memo to Supervising City Attorney--Preliminary Legal & Strategic Analysis--for Plaintiff
      Appendix E: Memo to Senior Partner--Preliminary Legal & Strategic Analysis--for Defendant
      Appendix F: Summary of Cases Cited
      Appendix G: Jury Instructions
      Appendix H: Verdict Form
      Appendix I: Plea Agreement
                        General
                        Stay of Imposition
                        Stay of Execution
                        Continuance for Dismissal/Deferral
                        Form 49A Criminal Judgment/Sentencing Form
                        Form 49B Criminal Judgment/Warrant of Commitment

Exhibits List [Exhibits located on CD]

      Exhibit 1: Nita General Hospital Policy--Section 19. Driving While Impaired

            (By Stipulation--All Parties)

      Exhibit 2: Alcohol Impairment Charts

            (By Stipulation--All Parties)

      Exhibit 3: Progress Effects of Alcohol Chart

            (By Stipulation--All Parties)

      Exhibit 4: Damaged Breath Alcohol Concentration Analysis Certification for Officer J. J. Lifton

            (Witness: Officer J. J. Lifton)

      Exhibit 5: Alcohol Influence Report

            (Witness: Officer J. J. Lifton)

      Exhibit 6: Damaged Intoxilyzer® 5000 Pre-Test Record

            (Witness: Officer J. J. Lifton)

      Exhibit 7: Damaged Intoxilyzer® 5000 Certification

            (Witness: Officer J. J. Lifton)

      Exhibit 8: Damaged Intoxilyzer® 5000 Log

            (Witness: Officer J. J. Lifton)

      Exhibit 9: Copy of Undamaged Intoxilyzer® 5000 Pre-Test Record

            (Witness: Officer J. J. Lifton)

      Exhibit 10: Copy of Undamaged Intoxilyzer® 5000 Certification

            (Witness: Officer J.J. Lifton)

      Exhibit 11: Copy of Undamaged Intoxilyzer® 5000 Log

            (Witness: Officer J. J. Lifton)

      Exhibit 12: Copy of Undamaged Breath Alcohol Concentration Analysis Certification for Officer J. J. Lifton

            (Witness: Officer J. J. Lifton)

For Plea/Sentencing

      Exhibit A: Letter from Pathways Psychological Test Center, M. Keyes (for
Plea/Sentencing)


            (Witness: Alex James)

      Exhibit B: Letter from Unity Memorial Hospital, Jayne Hugdahl (for Plea/Sentencing)

            (Witness: Alex James)

      Exhibit C: Letter from St. John's Hospital, Nancy Axten (for Plea/Sentencing)

            (Witness: Alex James)

Learning Materials [located on CD]

      Planning Guide and Checklist
            General
            Negotiation
            Mediation
            Discovery
            Motions/Oral Argument
            Trial (Court/Jury) / Arbitration

      Learning Objectives
            Trial (Court/Jury) / Arbitration
            Depositions
            Negotiation
            Mediation
            Motions / Oral Argument
            Expert Witnesses