Monthly Archives: October 2010

What should a prosecutor not say or do in closing argument?

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 … Continue reading

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What can experts rely upon in forming their opinions in DMV hearings?

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 § … Continue reading

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What is Horizontal Gaze Nystagmus in relation to DUI?

Horizontal Gaze Nystagmus (HGN) is one of 3 or 4 tests used by police officer to determine whether the person being investigated is DUI.  Nystagmus the involuntary jerking or bouncing of the eyeball.  The cause of this is when a … Continue reading

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Diabetic condition mistaken for DUI

The symptoms police often associate with being under the influence of alcohol are similar to a diabetic who may be experiencing hypoglycemia (low blood sugar).  When a police officer stops a driver and smells alcohol, he will have the driver … Continue reading

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Protecting your license after an arrest

After an arrest for DUI and the police obtain a chemical test (blood test or breath test) result and the result shows a blood-alcohol concentration of .08% or greater, the license (must be a California license) of that person arrested … Continue reading

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