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More on defending drunk driving in Virginia

Image from Virginia Forestry Dept’s website. In Virginia and Washington, D.C., the law says that drivers in those states impliedly consent to have their blood alcohol levels tested if the police have sufficient grounds for seeking such tests. In that regard, here are important relevant Virginia...

The risks of refusing a test that should be fully refusable

  Bill of Rights (From public domain.) Field sobriety tests are junk science administered by cops who have no expertise to administer them, because junk science precludes having expertise. See how poorly is the performance when asking even a fully sober and awake person to follow unfamiliar...

DWI: Fight back against administrative suspensions and civil fines

Image from National Institute of Standards & Technology.) When I was a public defender lawyer in the early 1990’s, I heard that more indigent defendants were willing to pay a private lawyer to defend for drunk driving cases than for plenty of other types of cases, in...

If humans input data into a machine, the Confrontation Clause is implicated

  Bill of Rights. (From the public domain.) This month, a two-judge majority of the Fourth Circuit decided that an expert witness may testify in criminal court about the machine-generated results of raw data about drugs in a defendant’s blood, without necessitating the presence of the technician...

Justice Scalia’s daughter pleads guilty to drinking and driving

Justice Scalia (r) meets U.S. House member Phil Gingrey (l). (From Phil Gingrey’s Congressional website). This follows up on my February 16, 2007, blog entry about the drinking and driving arrest of one of Justice Scalia’s daughters. I said then, and say now, the only...

Justice Scalia’s daughter arrested for driving under the influence

Justice Scalia (r) meets U.S. House member Phil Gingrey (l). (From Phil Gingrey’s Congressional website). Justice Scalia is a curious Supreme Court justice. He is solidly in the court’s conservative four-justice wing that also includes Chief Justice Roberts and Justices Alito and Thomas. On occasion —...

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...

Converting a drunk driving charge to a speeding conviction

Here is a recent example of the necessity for fully preparing well in advance for trial, for being fearless about proceeding to trial, and for using time as a commodity in negotiations. This approach is needed for all trials, both large and smaller; the following example...

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...