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.
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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.