Jury Selection

Questions related to Alcohol What are your general feelings about DUI? Have you ever heard the expression “Buzzed driving is drunk driving?” What do you think that means? What is your definition of “drunk”? What is your definition of “intoxicated”? What would you expect an intoxicated person to look like?

Alcohol continued Do you drink? How much/often? Do you think it is ok to drink and drive? How many drinks do you think you can have and still be legally ok to drive?

Alcohol continued Have you, a family member or a close friend ever been arrested for DUI? Does that experience have any bearing on your ability to be a fair and impartial juror on a DUI case? Have you, a family member or a close friend ever been a witness on a DUI case? Have you, a family member or a close friend ever been a victim of a DUI or alcohol/drug related traffic crash?

Roadside safety checks What are your feelings about RSSC’s? Have you ever been through a RSSC? Did you or anyone in your vehicle ever have to get out and perform FSST’s? What were your thoughts about that?

Search warrant cases What do you think of the use of search warrants to obtain blood/urine samples for the purpose of gathering evidence on DUI cases? Do you think that people have the “right to refuse”? Do you understand that it is not your job as a juror to determine if a search warrant should have been signed by a judge?

What is “high”? How does it effect you mentally? Has anyone here tried marijuana?/Does anyone here have any experience with a person “high” on marijuana? What does it do to you? How does it make you feel? How does it effect you mentally? How does it effect you physically?

Did they act like a person under the influence of alcohol? Would you expect a person impaired by marijuana to look like someone who is drunk?

“I drive better while on marijuana” I’m under the influence right now and I drove here. Test me right now!!!!!!

Driving & Marijuana Has anyone taken marijuana and driven? Does anyone here think that a person is safe to drive a car after having taken marijuana?

Driver admitted to drinking?

Driver admitted to taking “two hits”

Experts If you heard from an expert about how marijuana can impair a persons ability to drive, would you be willing to consider that expert’s opinion, or would you be inclined to rely upon your knowledge of marijuana? If that expert indicated that a particular level of marijuana (a number) would impair a person’s ability to safely drive a car, would you be willing to consider that testimony?

Would you get on an airplane if you knew the pilot had just smoked marijuana?

Prescription drug cases Do you take prescription drugs? Are the drugs that you take of a nature that they can affect your motor skills? Do they have warning labels on them? What effects do they have on you? Do you think that if a person is legally prescribed drugs then it should be ok for them to take the drugs and drive? Do you feel differently about driving while impaired by legally prescribed drugs than about driving while impaired by alcohol?

Show & Tell

Demonstrate

Experts Rule 702. Testimony by Experts. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.

Cops as Experts Training & Experience

Peer Review Research Drivers under the influence of marijuana are 2-7 times more likely to be responsible for a crash; Impairment sets in at 1-2 ng. A person cannot fully compensate for the impairment from THC, even with frequent use; Highly automated behaviors are affected most: Critical tracking; Divided attention tasks Complex tasks

DISCUSSION