5. Identify all available tools to assist officers in their preparation and testimony. This would likely include more training with their prosecutor and utilizing tools available from the DMV (implied consent hearing checklists) or the Highway Patrol (checklist for proper documentation to demonstrate legitimacy of a checkpoint, which can be challenged in an implied consent hearing). Utilize assistance from the state’s Traffic Safety Resource Prosecutor if needed. 6. Develop a written policy for the agency so everyone is on the same page. Define the parameters around how pleas will be worked out. 7. Communicate clearly about the new intention to consistently attend implied consent hearings to everyone that should be informed, which could include the hearing officer and area defense attorneys. 8. Implement the plan, adjusting strategies as needed and making training and coaching a regular occurrence. 9. Maintain strong internal communication after implementation begins, including ensuring that the officers and prosecutors are both aware of the hearing schedules and status of discussions with the defense. 10. Be prepared to appeal unfavorable implied consent rulings when there is a strong feeling it should have been handled differently. Going forward, MADD encourages the courts holding implied consent hearings to consider incorporating technology more as is happening in other types of court proceedings. Holding some hearings virtually or having some participants participating remotely could be even more accommodating to officers with their conflicting responsibilities.
MADD South Carolina’s Court Monitoring Program and the printing of this report is funded by the Office of Highway Safety and Justice Programs (OHSJP) of the South Carolina Department of Public Safety (SCDPS).
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