The First 30 Seconds The Prosecutor’s Perspective. John C. Bauer Asst. Prosecuting Attorney St. Charles Co., Missouri . Objectives. To understand the Statutes as they apply to impaired driving cases. To understand the prosecutor's role in the initial investigation.
The First 30 Seconds The Prosecutor’s Perspective
John C. Bauer
Asst. Prosecuting Attorney
St. Charles Co., Missouri
• Admissions or statements to police and others,
• The location of the defendant at the scene and his proximity to the vehicle,
• The presence of other possible drivers,
• Who has possession of the keys,
• Vehicle ownership, and
• What personal property was located in the vehicle.
• pattern injuries caused by items in the vehicle,
• the direction of safety belt injuries,
• other injuries consistent only with being the driver,
• the location of fingerprints consistent with driving,
• any blood and hair trace evidence consistent with driving,
• seat positions,
• brake pedal impressions, and
• air bag and fabric forensics.
To prove the crimes of either Involuntary Manslaughter or Assault 2nd Degree
Impairment + Negligence = Guilty
Criminal negligence cannot be proven by impairment alone.
You must have evidence that the impaired driver was at fault to a certain level for the injury or fatality.