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As any experienced criminal attorney knows, truth, justice and fairness can be rare commodities in our courts when dealing with a drunk driving offense. This has become such a common phenomena that it has acquired a label: "The DUI exception to the...
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Last week I mentioned how manufacturers across the country were refusing to turn over the critical software code in their breath-testing machines. See What Are Breathalyzer Manufacturers Hiding? Just how far are they willing to go to...
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Some police agencies around the country use videotapes as part of their drunk driving investigations. The vast majority, however, do not — despite their low cost, ease of use and invaluable evidence as to driving patterns, physical symptoms...
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Well, I’ve posted on drunk driving arrests involving horses, lawn mowers, wheelchairs, walking a bicycle – even playing with a foot-high toy bike, so maybe this will come as no surprise…. Zamboni Driver Charged with Drunk Driving...
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I’ve posted repeatedly in the past about the continuing refusal of the manufacturers of various breath-testing machines to devulge the secret software used to run them. The readings of these devices are, of course, critical: ...
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Imagine the Presiding Judge of a courthouse telling the other judges, "There have been too many acquittals lately. I’ve reviewed them and disagree with most of your ’not guilty’ verdicts. All future acquittals...
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A few days ago I posted about a state breathalyzer inspector who was "fixing" machines in Miami-Dade County by simply deleting evidence of malfunctions. The Florida Department of Law Enforcement fired her —...
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Experienced traffic patrol officers are familiar with a phenomenon which is sometimes referred to as “black-and-white fever”. That phenomenon is simply the normal reaction of most drivers to being followed by a marked police car (painted black...
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One way to make sure that there is no evidence of a breath machine’s inaccuracy and unreliability is to simply make sure there is no record of its false results and failures…even if it means innocent people are convicted. The...
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As we all know from watching TV, the police are always very careful to preserve the evidence in criminal investigations. Except in DUI investigations.
What is the single most important piece of evidence in most drunk driving cases? The Breathalyzer test...
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In California as in most states, the crime prescribed by statute in the event of a death caused by drunk driving is manslaughter. In recent years, however, MADD’s "War on Drunk Driving" has encouraged prosecutors to find creative ways...
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Ok, the cop said I looked bad on the field sobriety tests, but I know I’m not guilty: I only had two drinks and I’ve got witnesses. No matter what the police say, I can tell my side of the story to my fellow citizens and let them decide. Right...
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When the U.S. Supreme Court in a 5-4 decision validated DUI "sobriety checkpoints" (aka police roadblocks), Chief Justice Rehnquist admitted that they were a clear violation of the Fourth Amendment to the Constitution. However, he...
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I’ve commented repeatedly in the past about the inaccuracy and unreliability of breath-testing devices used in DUI investigations. This is due to a wide range of factors, including inherent design defects (see, for example, my previous post...
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If you are arrested for DUI and a breath test shows a blood alcohol concentration (BAC) of .08% or higher, you are guilty. It does not matter, of course, whether you are a man or a women: the laws do not discriminate. Maybe they should…
Researchers...
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