The GCPD also acknowledges they had to show discretion and be fair in how they approached the hearings. If the case is not solid, they would acknowledge that and negotiate appropriately. An important final step was making sure that the agency demonstrated sincere appreciation for the officers taking part in this change in approach and continued to try to make preparation and participation as convenient as possible. Requiring participation without working to overcome some of the obstacles could even have the opposite result of disincentivizing officers in writing DUIs. Because of commitment and follow through to this new approach, the GCPD saw the desired results. Area defense attorneys now know a license suspension is a high certainty on a refusal as the agency has not lost any hearings, though the attorneys were initially asking “Why are you here?” in the early stages of the change because that had not been the norm. The agency began getting more guilty pleas on the criminal charges. Any initial skepticism from officers began to decrease as the results became apparent. Undoubtedly, more preparation by the officer and prosecutor was needed to make a strong case at the implied consent hearing but 1) that work often saved time on preparation for the criminal case later and 2) there were fewer criminal cases to prepare for because of the increased guilty pleas. Now that officers have established themselves at being proficient, the city has the leverage in negotiations with the defense. In fact, on some cases, the officer does not even have to attend the implied consent hearing because the prosecutor and defense have worked out a resolution in advance. There also have been instances when the officer has arrived to court just to find that the defense will not push for a dismissal of the suspension, but that should be viewed as a “win” rather than a waste of time.
Beginning a New Approach
After consulting with multiple individuals experienced in implied consent hearings and learning more about the positive impact of emphasizing thorough attention to those hearings, MADD South Carolina suggests that all law enforcement agencies and their prosecutors should consider reexamining how they approach implied consent hearings. Here are some of the steps we suggest: 1. Consider the positive benefits of an increased emphasis (see the section above “ Reasons to Consider Focusing on Implied Consent Hearings ”) 2. Engage leadership and all involved parties in the discussions for overall buy-in 3. Hold discussions with your hearing officer and how they may be able to be more accommodating to the demands of officers’ schedules while respecting the processes of the court. Define what are acceptable reasons for a continuance request by the prosecution. 4. Consider any means of accommodating or recognizing officers for what initially be perceived as an increased burden. This could include paying them for their time spent on these hearings, publicly appreciating officers, shifting their hours to allow for implied consent hearings, or giving other means of flexibility with their other responsibilities so it i s not just “more” that is being asked.
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