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The Unconventional DWI Webinar
Wednesday, February 15, 2023, 9:00 AM - 1:00 PM EDT
Category: Training



Webinar Training
The Unconventional DWI

The NY State STOP-DWI Foundation, Inc., through funding from the NYS Governor’s Traffic Safety Committee, is pleased to sponsor a statewide training to benefit local STOP-DWI efforts in New York State. This seminar is free of charge to all STOP-DWI partners engaged in preventing impaired driving.

Date: February 15, 2023
Time: 9 am – 1 pm

Registration/sign-in begins at 8:30am
Location: Zoom

To Register:

Todd Casella
In March of 2013 I began my professional career as an Assistant District Attorney for Steuben County, NY. Then in November of 2017 I was elected Yates County District Attorney and took Office on January of 2018. At the time I was 33 years old and was the youngest elected District Attorney in the State. That same year I was selected as one of six counties in the State to pilot the Digital Evidence Management System (DEMS) for the New York Prosecutor’s Training Institute (NYPTI). Beginning in 2019 I taught several classes to the for NYPTI and the District Attorney’s Association of New York (DAASNY) on the implementation of DEMS in anticipation of complying with discovery reform. I continue to train District Attorney’s Offices across the State on discovery compliance and for the past three years I have taught Assistant District Attorney’s at NYPTI’s summer college at Syracuse University. For a 2018 conviction and my commitment to teaching other prosecutors, I was nominated and awarded, “Prosecutor of the Year” by the New York Prosecutor’s Training Institute at the District Attorney’s Association of New York’s Summer Conference.

“The Unconventional DWI” (4 hours)

  • What is an Unconventional DWI?
    • A DWI where the conventional investigative tools don’t work or are not an option.
    • Refusal to submit to SFST, PBT, chemical Test
    • Unconscious suspect, non-verbal suspect, combative suspect
    • Suspect left the scene, “home free” DWI
    • Any standard DWI where conventional evidence is suppressed by the Court.
  • Redefining how to Investigate a DWI and looking beyond SFST
    • A focus on operation, contents of vehicle, talking to the suspect, and looking beyond the stop.
    • Civilian witnesses can be the best witnesses, find them and talk to them – be aware of your Brady responsibilities
    • How to articulate a suspect’s intoxication without referring to SFST or breath tests
    • What is the deference between Intoxicate and Impaired?
  • Different types of Unconventional DWI and how to get the evidence
    • Standard stop – No SFST (refused), no chemical test (refused)
    • Standard Stop – Combative suspect, No SFST (refused), no chemical test (refused)
    • Standard Stop – Non-verbal suspect, No SFST (refused), no chemical test (refused)
    • Single Vehicle MVA – Suspect incapacitated
    • Single Vehicle MVA – suspect left the scene
    • Multiple Vehicle MVA – serious physical injury to another and no serious physical injury to another
  • Orders to Compel Blood and other blood draw related issues – serious physical injury or death to another
    • What is the process(es), who do you call, how fast to you need to act, what information do you need on ready, do you have a copy of an application?
    • What is the Two-hour rule and when does it matter?
  • Search Warrants are your friend – when should you consider using them
    • Don’t ignore the suspects cell phone – it most likely has all the evidence to prove your case
    • Cell Site Data, Google Earth.
    • Know what you are looking for and narrow your parameters in your application for the search warrant and the execution of the search
  • Special Cases – DWAI Drugs
    • All the same issues can and do arise in DWAI Drugs cases
    • What is the standard – impaired to any extent or substantial impairment
    • Does a refusal to submit to a chemical test mean your case is dead?
  • Conclusion/Closing Remarks

Sheryl Hutton
[email protected]

No training credits are available.

Contact: Sheryl Hutton - [email protected] - 315-723-1189