Friday, August 5, 2016

DWI Detection and Standardized Field Sobriety Testing (SFST) Part 2

2013 NHTSA SFST Manual

Friday, May 20, 2005

Reference: HS 178 R9/04

2005 Participant Manual for the National Highway Traffic Safety Administration (NHTSA), DWI Detection and Standardized Field Sobriety Testing (SFST) course [182 pgs]

The procedures outlined in this manual describe how the Standardized Field Sobriety Tests (SFSTs) are to be administered under ideal conditions in the field, because such conditions will not always exist. Even when administered under less than ideal conditions, they will generally serve as valid and useful indicators of impairment. Slight variations from the ideal, i.e., the inability to find a perfectly smooth surface at roadside, may have some affect on the evidentiary weight given to the results. However, this does not necessarily make the SFSTs invalid.

Contents

I. Introduction and Overview
II. Detection and General Deterrence
III. The Legal Environment
IV. Overview of Detection, Note-Taking and Testimony
V. Phase One: Vehicle in Motion
VI. Phase Two: Personal Contact
VII. Phase Three: Pre-arrest Screening
VIII. Concepts and Principles of the Standardized Field Sobriety Tests
IX. Test Battery Demonstrations
X. "Dry Run" Practice Session
XI. "Testing Subjects" Practice: First Session
XII. Processing the Arrested Suspect and Preparation for Trial
XIII. Report Writing Exercise and Moot Court
XIV. "Testing Subjects" Practice: Second Session
XV. Review and Proficiency Examinations
XVI. Written Examination and Program Conclusion

OAG is responsible for enforcement of tobacco companies’ obligations under the Tobacco Master Settlement Agreement (MSA) and related District of Columbia laws.  The provisions of the MSA and related laws help to protect DC residents by reducing tobacco use, especially among young people.

The District of Columbia’s Tobacco Directory lists the cigarette and “roll-your-own” brands that may lawfully be sold in DC. It is "unlawful for any person to...[s]ell, offer, or possess for sale, in [DC], or import for personal consumption in [DC]," cigarette or roll-your-own brands that are not listed on the Tobacco Directory. DC Code § 7-1803.03(c). This provision applies to wholesale and retail sales, including internet sales.

The District of Columbia has issued forms and instructions regarding the obligations of tobacco product manufacturers and cigarette wholesalers under District of Columbia laws relating to the MSA.

Form for Reporting Unlawful Tobacco Sales

Selected Laws Relating to the Tobacco Settlement

  • Tobacco Settlement Model Act, DC Code §§ 7-1801.01 to 7-1801.02
  • Tobacco Product Manufacturer Reserve Fund  DC Code §§ 7-1803.01 to 7-1803.07
    • Complementary Procedures Act  (Complementary Legislation)

Contact TTY: 711

Office Hours: Monday-Friday, 8:30am - 5:00pm

Service Location: 
GIS Address: 
441 4th Street, NW
City: Washington
State: DC
Zip: 20001

If any person knows or suspects that competitors, suppliers or even an employer are violating the law, that person should alert the DC Office of Attorney General (OAG) or federal antitrust authorities so that they can determine whether to investigate. If the information concerns suppliers who do business with the District government, or seek District government business, the District's inspector general should also be notified.

Price-fixing, bid-rigging and similar conspiracies are most likely to occur where there are relatively few sellers who have to get together to agree. The larger the group of sellers, the more difficult it is to come to an agreement and enforce it.

Keep an eye out for telltale signs, including:

  • any evidence that two or more competing sellers of similar products have agreed to price their products a certain way, to sell only a certain amount of their product or to sell only in certain areas or to certain customers;
  • large price changes involving more than one seller of very similar products of different brands, particularly if the price changes are of an equal amount and occur at about the same time;
  • suspicious statements from a seller suggesting that only one firm can sell to a particular customer or type of customer;
  • fewer competitors than normal submit bids on a project;
  • identical bids submitted by competitors;
  • the same company repeatedly has been the low bidder on contracts for a certain product or service or in a particular area;bidders seem to win bids on a fixed rotation;
  • an unusual and unexplainable large dollar difference between the winning bid and all other bids; or
  • the same bidder bids substantially higher on some bids than on others, and there is no logical cost reason to explain the difference.

These signs are by no means conclusive evidence of price fixing or bid rigging. More investigation by trained lawyers and investigators would be required to determine that. But they may be an indication of collusion, and the people who enforce the competition laws want to hear about them.

Effective enforcement of the competition laws requires public support. Whether you are a District procurement officer, private businessperson, or simply a consumer, if you encounter business behavior that appears to violate the law, do not hesitate to inform the enforcement authorities of your suspicions. That is often the only way violations can be uncovered, and failing to uncover and punish violations not only harms consumers and taxpayers but also the vast majority of honest businesspeople who scrupulously observe the antitrust laws.

Because they are by their nature secret, price-fixing, bid-rigging and similar conspiracies are difficult to detect and prove. Law enforcement officials rely on complaints and information from government procurement officers and business customers, as well as competitors. A large percentage of all government investigations results from complaints received from consumers or people in business.

On the federal level, you can contact the US Department of Justice, Antitrust Division, or the Federal Trade Commission, both of which have headquarters in Washington, DC. In the District government, you can contact the Office of the Attorney General (OAG). Each agency can handle a wide range of complaints; complaints of mainly local significance are more likely to be of interest only to OAG.

Price fixing and bid rigging occur when competitors agree to set prices for goods or services. An effective agreement among sellers results in prices that are artificially high. Artificially high prices can damage government or business buyers. Buyers lose the ability to get the best price that results when there is competition among sellers.

The District of Columbia has competition laws that, like federal laws, prohibit price fixing and bid rigging, along with other anticompetitive behavior. The DC Office of the Attorney General (OAG) is dedicated to enforcing the laws against anticompetitive behavior. We want District citizens and employees to know what they can do to detect and prevent price fixing and bid rigging.

OAG has an ongoing program to educate District employees about price fixing and bid rigging, carried out in cooperation with the US Department of Justice, Antitrust Division. Our lawyers are available to speak to citizen groups and provide similar education.

Form for Reporting Suspected Price-Fixing or Bid Rigging

For more information on price fixing and bid rigging, and suggestions about what DC employees and citizens can do to detect and help prevent anticompetitive practices, select from the following:

Antitrust and Other Laws Relating to Competition

Act DC Code
District of Columbia Antitrust Act DC Code §§ 28-4501 to 28-4518
Cigarette Sales Below Cost Act DC Code §§ 28-4521 to 28-4527
Retail Service Station Act DC Code §§ 36-301.01 to 36-305.02
Uniform Trade Secrets Act DC Code §§ 36-401 to 36-410

Links to Selected Antitrust Act Provisions

Contact TTY: 711

Office Hours: Monday-Friday, 8:30am - 5:00pm

Service Location: 
GIS Address: 
441 4th Street, NW
City: Washington
State: DC
Zip: 20001

Tuesday, May 2, 2017

Report: Seminar on Human Trafficking and Other Interanational Organized Crimes

Friday, August 5, 2016

DWI Detection and Standardized Field Sobriety Testing (SFST) Part 3