Drunk driving, DWI, DUI

24 Feb

Field sobriety test training manuals

The D.C. Attorney General’s Office now posts several NHTSA student field sobriety testing training manuals online, from various years from 1995-2007, to expedite answering discovery requests.  Also on the same website are three training manuals for the Park Police for the Intox EC/IR II, and the Capitol Police for...

25 Mar

Breath testing is not reliable

Image from National Institute of Standards & Technology. DWI breath testing debacles are not isolated to specific geographical pockets, even though Washington, D.C.'s long-running debacle may be the most infamous. DWI breath testing is unreliable due mainly to machine error, human error, unreliability of alcohol simulator solutions...

16 Feb

More on D.C.’s DWI prosecution debacle

Image from National Institute of Standards & Technology. Thanks to a colleague for circulating the following material about Washington, D.C.'s ongoing and chronic drunk driving prosecution debacle, which I again blogged about last week: - Fraternal Order of Police letter to the city council. - D.C....

09 Feb

Recent DWI dismissals further expose a broken D.C. DWI enforcement system

Image from National Institute of Standards & Technology. Washington, D.C., prosecutors' recent systematic dismissal of numerous drunk driving prosecutions  -- on top of D.C. prosecutors' continuing striking of breath testing scores obtained from Metropolitan Police breathalyzer machines, for a year now -- shouts loud-and-clear how broken is D.C.'s DWI prosecution...

23 Mar

Urging hearsay limits on speed calculations

Image from National Institute of Standards & Technology. Particularly now that  Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), has become firmly entrenched in the Constitutional landscape, Sixth Amendment challenges to machine-based speed calculations should be more persuasive than ever when the people who calibrated the machine do not...

19 Mar

DUI merger revisited

Image from National Institute of Standards & Technology. Last August, I addressed merger of DUI and DWI per se. As an update, last January, Maryland's intermediate appellate court ruled that "when a defendant is convicted of both DUI and DUI per se, arising out of the same...