October 2010

In a jury trial, the prosecutor gets to explain how the defendant is guilty after all the evidence has been presented. This is called closing argument.  Prosecutors have bounds in which they have to stay.  According to the National Prosecution Standards published by the National District Attorney’s Association, a prosecutor should conduct his closing argument […]

I have written ad nauseum about the inaccuracy and unreliability of breathalyzers.  See, for example, How Breathalyzers Work (And Why They Don’t). Sources of inaccuracy occur, among other reasons, because of inherent design defects, defective and inaccurate software, physiological variability of subjects tested, improper administration by police, and unreliable maintenance and calibration.   The latter […]

A Voice of Reason

  • By: DUI Blog
  • Blogs

I posted a few days ago about yet another example of MADD’s influence in pressuring legislators to pass ever-more Draconian laws:  proposed DUI laws in Manitoba giving police unlimited power to pull over any driver they wish and administer field sobriety tests – regardless of whether there are any indications of drunk driving.  The following is […]

Department of Motor Vehicle (DMV) hearing officers often use a template in declaring a defense expert’s opinion as “speculative” without explaining how it is speculative.  Hearing officers are required to conduct a fair and impartial hearing under Gov’t Code § 11425.10.  If it is clear that the hearing officer has a bias or prejudice, then […]

  What’s wrong with this picture…besides the macho "top gun" stuff? Local Officers Honored as "Top Guns" for DUI Arrests York, PA.  Oct. 20 – Local law enforcement officers will be honored for taking more than 380 impaired drivers off York roads last year. The Pennsylvania Driving Under the Influence Association will honor 48 officers statewide […]