Every DUI lawyer has faced the question “how can you face yourself in the mirror in the morning, knowing that you are defending drunk drivers who might cause injury or death to innocent men, women and children? Wouldn’t we all be better off if drunk drivers lost their licenses permanently and were left to rot [...]
Filed under DUI laws, Fines and Fees, Police conduct issues, Punishment issues, Trial issues by on Mar 12th, 2010. Comment. 
Laws that describe various crimes may be set out in both state statutes as well as federal statutes. Generally crimes that are “local” in nature such as burglary, assault, rape and murder are state law crimes, whereas interstate drug trafficking, organized crime and crimes that occur in multiple states are federal crimes. Sometimes, a defendant [...]
Filed under Georgia Courts, Trial issues by on Feb 15th, 2010. Comment.
In previous blog posts, I have discussed the case of Troy Anthony Davis, a Savannah man convicted of murdering a police officer in 1989. Mr. Davis current sits on Georgia’s death row, while attorneys pursue all available remedies.
Davis’ current (and possibly final) appeal rests in the United States Supreme Court. On June 29, 2009, however, [...]
Filed under Georgia Courts, Punishment issues, Trial issues by on Jul 9th, 2009. Comment.
In October of this year, I wrote a blog post about the Troy Anthony Davis capital murder case. At that time, Mr. Davis was scheduled to die, although his lawyers were actively seeking a stay in his execution.
The 11th Circuit Court of Appeals did, in fact, stay Mr. Davis’ execution, and on Tuesday, December 9, [...]
Filed under Georgia Courts, Trial issues by on Dec 18th, 2008. Comment.
The criminal law blogosphere has been discussing the case of Troy Anthony Davis – a Georgia man who was convicted of murdering a Savannah police officer in 1989. Mr. Davis was convicted of this crime based on testimony from multiple eyewitnesses and was sentenced to death. Just go to Technorati.com and enter “Troy Anthony Davis.”
Recently, [...]
Filed under Punishment issues, Trial issues by on Oct 18th, 2008. 9 Comments.
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 [...]
Filed under Punishment issues, Trial issues by on Oct 4th, 2008. Comment.
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.
Attorney Taylor explains that:
To obtain the [...]
Filed under Trial issues by on Apr 28th, 2008. Comment.
Hawaii is considering a law whereby drivers convicted of DUI will have to pay for the installation and monitoring of breath test devices in their vehicles. The devices work by shutting off the ignition if the driver’s breath generates an alcohol reading over the legal limit.
These devices cost $150 to install and $75 per month [...]
Filed under Trial issues by on Jan 11th, 2008. Comment.
I recently came across an interesting article in the Baltimore Sun that addressed the issue of eyewitness testimony. According to a lawyer who works for the Innocence Project – a group of lawyers who work to reopen cases to introduce DNA evidence – seventy percent of successful exonerations involved convictions based on eyewitness testimony. [...]
Filed under DNA evidence, Trial issues by on May 2nd, 2007. Comment.
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. Scientific studies in both Italy and in Cananda suggest [...]
Filed under Intoxilyzer 5000 issues, Trial issues by on Aug 18th, 2006. 7 Comments.
