That’s right- an employee of the government, and the Chief Toxicologist at that, testified that urine samples are not a reliable measure of blood alcohol content. Moreover, the error can be up to 40%.Also, remember that DC abandoned the use of breathalyzer machines last February because they were unreliable. As MyFoxDC reports, police officers were [...]
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Officer found in contempt for lying about evidence in DUI prosecution
Charlotte area Officer Barry Grimes was held in contempt by a judge after he lied during his testimony regarding a DUI arrest. Grimes testified the defendant “hopped around one one foot” during the one leg stand test and that the defendant failed the “walk and turn test.” The in car dash camera showed Grimes didn’t [...]
Alabama Court process on DUI charge.
With some exceptions (number of prior DUIs, serious physical injury, or death), a DUI is a misdemeanor in Alabama. The misdemeanor case is handled in Municipal or District Court. At that level, the trial is conducted by a Judge. District Court judges are elected and Municipal Judges are appointed by the local city council.
If a [...]
“I just paid a fine and did some classes. I didn’t plead guilty”
I have received a number of inquires by clients who use the phrase, “I just paid a fine and did some classes. I didn’t plead guilty.” This incorrect statement often leads to future trouble. In the DUI context, people without lawyers walk into court, sign a waiver of counsel and plead guilty. He/she thinks after [...]
Improper Calibration of breath machine nets wrongful DUI convictions
More than 400 DUI convictions in Washington, DC were a result of improper calibration of the breath machine. The 10 machines all had the improper baseline for breath tests that read 20% higher than actuality. The Washington Post reports this lead to several people wrongfully being convicted or inducing them into pleading guilty and many [...]
Ultimate Defense – “Murder victim” reappears
I guess one sure fire way to win a murder trial is have the alleged victim show up alive. Reuters reports that a Chinese man who was supposedly “hacked” up in a fight reappeared to his town ten years later. The Chinese police obtained a “confession” from the defendant. Who knew police torture would ever [...]
