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Part One: Essential cases to know in handling challenges to scientific evidence
By Leonard Stamm
Defenders of persons accused of drunk driving today must not only be
counselors, consolers, legal advisors, litigators, legal researchers,
writers, investigators, and strategists, they must also be prepared to
confront an ever widening array of scientific procedures and tests
offered against defendants in court and at driver licensing hearings
which are designed to prove their client’s guilt. Attorneys must
understand scientific techniques and how to question reliability,
accuracy, and validity, and at the same time must understand the laws
and be able to navigate through a maze of contradictory and confusing
cases, to see the client through to an acquittal. This article attempts
to traverse the labyrinth of cases that can be used by a skilled lawyer
to obtain an acquittal or at least suppression or limitation of the
state’s scientific evidence.
A review of the numerous cases relating to challenges to scientific
evidence leads to a number of observations.
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