Trial issues

October 18, 2008

October 4, 2008

  • Supreme Court Concludes that DUI is not a "Violent Felony" for Purposes of Armed Career Criminal Law

    Very few DUI cases find their way to the United States Supreme Court.  Generally DUI cases are a matter of state law and over the years, the Supreme Court has been fairly deferential to the arguments put forth by lawyers representing the government and police departments.  Obviously everyone supports the goal of removing impaired drivers from the road, and groups like MADD have done a good job in keeping political pressure on lawmakers to make DUI punishments harsher. (…)

April 28, 2008

  • Can Chewing Tobacco Cause a False Positive Alcohol Breath Test?

    California DUI lawyer and blogger Lawrence Taylor writes about a case in Kentucky where a DUI defendant is fighting DUI charges based on a claim that his chewing tobacco contained small amounts of Tennessee whiskey (for flavoring purposes) and that the breath test inaccurately showed an over-the-limit blood alcohol level. (…)

January 11, 2008

May 2, 2007

August 18, 2006

  • DUI Laws Unfair to Women? - Detailed Scientific Proof

    Defense lawyers frequently argue that tests used by the police to measure blood alcohol levels in women are flawed because most of these tests are calibrated using a "average" sized male and because there is some scientifice evidence that women metabolize alcohol differently than men. (…)

March 9, 2006

March 6, 2006

  • Breathalyzer and Alcosensor

    What is the difference between the "Breathalyzer" and the "Alcosensor?" Is there is any realistic way to challenge these machines? (…)

March 3, 2006