A frustrated judge once asked me, “Justin why don’t you ever stipulate to a forensic science result?” They answer is simple: Because they are not reliable. For those who are not familiar with the terminology, “stipulating” means accepting the result of a forensic test without questioning it. Many The vast majority of lawyers do this,…
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DUI Breath Testing Devices could become Standard in All Cars
One issue that keeps rearing its ugly head is the push by lobbies like MADD for Alcohol-sensing technology to become standard in all cars. Recently,Congress authorized funding (your tax dollars) for research on ignition interlock devices which, if MADD were to get its way, would become standard equipment on all new cars: Alcohol-sensing technology could…
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DUI Blood Tests Impacted by Lab Errors
More sloppy lab work leads to more uncertainty about DUI convictions. This time it’s Colorado again: At issue is the Colorado Department of Public Health and Environment’s testing for blood-alcohol content, which many law enforcement agencies rely on to establish if someone is over the legal limit for driving, .08 percent. In early May,…
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DUI Myth Busters: Field Sobriety Tests are Meaningful
A widely held misconception, amongst both law enforcement and the general public, is that the standardized field sobriety tests are a valid method for determining impairment. This just simply is not true. Here are some simple questions that will show you why these field sobriety tests are meaningless: Have you ever stumbled while walking? Does…
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New Spray Makes You Instantly Drunk
The inventor of a new spray claims that he has developed a spray that can make a person instantly drunk for a few moments: New spray makes you ‘instantly drunk,’ and only lasts a few seconds A French American scientist has invented a new alcohol spray that instantly intoxicates the user. However, the effects are…
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More Blood Test Woes
Once again, DUI blood testing has been compromised by sloppy and reckless technicians: Colorado to retest 1,700 blood samples from DUI cases after lab employee’s errors uncovered The state is retesting 1,700 DUI blood samples after a laboratory employee failed to follow proper procedures, which skewed the results of the tests. The mistakes open the…
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Is MADD Pushing for Interlock Devices in all Vehicles?
New legislation contains a provision for research into ignition interlock devices to be installed as standard equipment in automobiles. Is this really just research or are there bigger motives behind this?
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Forced Blood Draws leads to Police Brutality
“No refusal” initiatives are becoming more and more common across the country. However, these forced blood draws open the door for police brutality through excessive use of force. We previously reported about a man in Texas who was stomped and beaten by the police who broke his leg in order to get his blood. To…
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DUI Myth Busters: Breath Test Accuracy
They say that the breath tests are accurate and are specific to ethanol. However, you can get a positive results for using hand sanitizing liquid or even for being diabetic. You can even get a DUI for eating plain white bread: Why are we putting people in jail and suspending licenses based on this ridiculous…
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Crime Labs Positive. Retests Show Substance was not Present in the First Place!
Blood tests are often treated like the “holy grail” of DUI evidence. Prosecutors see it as infallible and many inexperienced DUI attorneys fail to question the results because of its perceived accuracy. I even once had a prosecutor say to me, in open court mind you, “It’s a blood test. How can you possibly challenge…
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