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Drunk driving, DWI, DUI

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...

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...