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69 results found for DWI in search category NACDL Website Showing Page 1of 6 Pages: 1 23456

DWI- Preparing for Plan B: Mitigating Punishment in DWI Sentencing

DWI- Preparing for Plan B: Mitigating Punishment in DWI Sentencing Michael M. Hawkins, Gus McDonald

By Michael M. Hawkins, Gus McDonald in May 2004
Category: The Champion Magazine
DWI: ‘Auditioning’ for Your Freedom: Combating The Use of Field Sobriety Exercises in The DUI Prosecution

In making their arrest determination, police officers believe that a drunk driving suspect should be able to perform physical sobriety exercises under stressful settings on the side of the road. Robert Reiff notes that injuries and medical conditions may impair the ability to perform field sobriety exercises. He also recommends that defense lawyers petition the court to enter an order in limine (1) to preclude the prosecution’s witnesses from referring to the field sobriety exercises as “tests,” and (2) to prevent officers from testifying as to their ultimate opinion that a DWI defendant was “impaired.” Such testimony invades the jury’s province with misleading, unscientific information that appears to be scientific.

By Robert s. Reiff in April 2014
Category: The Champion Magazine
Retrograde Extrapolation: A Scientifically Flawed Procedure (DWI)
If a driver’s blood-alcohol concentration (BAC) is below the legal limit when the driver gives a breath or blood sample, this fact will not stop the prosecution from trying to obtain a DWI conviction. At trial, the state may attempt to use retrograde extrapolation to convince the jury that the BAC exceeded the legal limit earlier when the police stopped the driver on the highway. But retrograde extrapolation is an unreliable tool.
By Dominick A. Labianca, Ph.D. in January/February 2012
Category: The Champion Magazine
DWI

DWI David S. Katz DWI April 2013 44 ADHD and Driving — A Recipe for False DUI Convictions How many times has an investigating officer stated in a police report that the client “did not stop at the stop sign,” “pulled into traffic inappropriately,” “merged dangerously,” or “crossed the lane line

By David S. Katz in April 2013
Category: The Champion Magazine
DWI

“Walk the line.” Everyone knows that when people hear those words, they’re being tested to see if they’re drunk. DUI defense lawyers often hear clients say, “I couldn’t do that if I was sober!” Although lawyers hope that they didn’t phrase it in quite those terms to the arresting officer, the point is well-taken. The now ubiquitous standardized field sobriety tests are unscientific, unfair, and misunderstood. However, if they are unchallenged, they have tremendous persuasive effect on the court and the jury.

By Andrew Mishlove in January/February 2013
Category: The Champion Magazine
Using Gait Analysis and Medical History for DWI Defense
In reaching the decision to arrest an individual for DWI, an officer often relies upon physical roadside “testing” to assess the driver’s sobriety. Unsteadiness is among the most common indicators of impairment recounted by police officers. During the initial intake meeting with the client, a medical history should be obtained, inquiring as to whether any physiological factors affected behavior overall at the time of the arrest, but specifically, whether any injury pathology would have caused any problems in balancing. Consider having the client medically and physiologically evaluated by a podiatrist or orthopedic specialist who can offer an in-depth look into the client’s pattern of walking.
By Evan Levow and Paul Greenberg in December 2011
Category: The Champion Magazine
DWI

DWI Steven Oberman January/February 2001 57 Drunk or Drowsy? How Fatigue Can Be Mistaken for Intoxication Mr. Sober has handed you a copy of the arrest warrant which states that the officer arrived on the scene of a one-car accident last Saturday, just after midnight. Upon approaching the suspect

By Steven Oberman in January/February 2001
Category: The Champion Magazine
DWI

DWI Phillip B. Price, Spurgeon Cole April 2001 37 NHTSA Field Sobriety Tests Validation v. Invalidation Dr. Marcelline Burns and cohorts recently conducted and published three new studies on the Standardized Field Sobriety Tests (SFST). These studies were funded in whole or in part by the Nat

By Phillip B. Price, Spurgeon Cole in April 2001
Category: The Champion Magazine
DWI

DWI J.J. (Jess) Paul, III June 2001 39 Blood, Tests & Fears: A Crash Course in Blood Alcohol Samples One of the most complicated issues facing DUI lawyers is that of the blood alcohol sample: how the blood is drawn and identified, the integrity and reliability of the sample, and the testing p

By J.J. (Jess) Paul, III in June 2001
Category: The Champion Magazine
DWI

DWI Edward L. Fiandach August 2001 37 The Great .08 Debate In 1938, the National Safety Council Committee on Tests for Intoxication described a correlation between blood alcohol and the degree to which the subject would be physiologically affected. Establishing three “zones of influence,” the stu

By Edward L. Fiandach in August 2001
Category: The Champion Magazine
Showing Page 1of 6 Pages: 1 23456
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