STOP-DWI NY TRAINING OPPORTUNITY
Webinar Training
The Unconventional DWI
By TODD J. CASELLA, ESQ.
YATES COUNTY DISTRICT ATTORNEY

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:
https://us02web.zoom.us/webinar/register/WN_K0JAVy2cTaGQzoNfIUbupg

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

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

No training credits are available.