PRACTICE POINT
USE CLEAR AND CONVINCING LANGUAGE
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Field notes are only as good as the information they contain. Reports must be clearly written and events accurately described if the reports are to have evidentiary value. One persistent problem with DWI incident reports is the use of vague language to describe conditions, events, and statements. When vague language is used, reports provide a murky picture of what happened. Clear and convincing field reports provide strong evidence in court. |
Vague language |
Clear language |
Made an illegal left turn on Jefferson |
From Main, turned left (northbound) onto Jefferson, which is one way southbound.
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Drove erratically |
Was weaving from side to side in his lane, and then he crossed center line twice and drove on right shoulder three times. All within two blocks. |
Driver appeared drunk |
Driver’s eyes bloodshot; watery; gaze fixed; hands shaking. Strong odor of alcoholic beverage on driver’s breath.
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Vehicle stopped in unusual fashion |
Vehicle struck, climbed curb; stopped on sidewalk. |
Vehicle crossed the center line |
Vehicle drifted completely into the opposing traffic lane. |