Trial issues

The Troy Anthony Davis Death Penalty Case - What do You Think?
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. (…)

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. (…)

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. (…)

Breath Test Devices that Shut off the Ignition if the Driver's Breath Shows Alcohol Above the Legal Limits
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. (…)

Eyewitness Testimony Not Always Reliable
I recently came across an interesting article in the Baltimore Sun that addressed the issue of eyewitness testimony. (…)

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. (…)

Can I take care of my DUI fine without appearing in Court?
I am well known in Cobb County and it would be very embarassing for me if word of my DUI got out. I'm not convinced that I was really guilty, but I would rather just pay the fine and be done with this mess. (…)

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

First time DUI conviction - what will happen?
I am 19 years old and was arrested for DUI. They didn't take a blood test but I had been drinking some at a friend's house.
Should I plead guilty? (…)
Officer failed to produce videotape of arrest.
It is important to get the opportunity to view the videotape of the arrest to allow the defendant to see if the officer's testimony is consistent with the videotape. (…)