Drunk driving, DWI, DUI

02 Feb

Challenging breathalyzers with engineers

Forensic toxicologists and forensic chemists are common experts for challenging the accuracy and reliability of breathalyzer tests. Sometimes an engineer should be consulted for providing analysis and testimony about the breathalyzer, including testing the breathalyzer with such equipment as an oscilloscope. One engineer who does such...

30 Sep

DWI experts

Thanks to the Kavinoky law firm for posting this list of expert witnesses for drunk driving defense. Included in that list is Patrick Demers, whom I have retained several times as an expert witness. ...

10 Aug

Merging DUI and DWI per se

NOTE: This blogposting is being re-uploaded, after some WYSYWIG problems kept delivering faulty formatting. The jurisdictions where I practice criminalize both drunk driving (DUI) and driving with a blood alcohol content over 0.08 (DWI). If a defendant is convicted of both, the defense lawyer should be...

18 Aug

The plight of pro se defendants

Bill of Rights. (From the public domain.)  One day I asked a prosecutor if she feels any discomfort going against unrepresented criminal defendants, most of whom are not poor enough to qualify for court-appointed counsel but for whom the financial struggle is too great or impossible...

04 Feb

Pursuing the not guilty plea

DeKalb County, Indiana, Courthouse. (Republication permission granted by photographer Michael Walter). "Not guilty" is a phrase too many criminal defendants fear. As each year passes, it is easier for me to convince a client to plead not guilty, since the client knows I have years of...

20 Dec

Field Sobriety Tests – Junk Science

Field sobrity tests (FST's) for drunk driving stops are junk science. Administration of the FST's are often preceded by the following alleged circumstances, as often parroted back in police report LawEnforcement-ese: "Upon approaching the subject, I immediately detected a strong odor of an alcoholic beverage on the subject's...