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The Legal Limit is Not Really .08

October 31, 2016

The law defines the crime of driving under the influence (DUI/DWI) as driving with an alcohol concentration at .08 or higher. (See Male and Female BAC Chart.) We all know this. It is virtually impossible to miss the .08 signs on the side of the road, the TV public announcements, the motor-vehicle driving booklet, the... [READ MORE]

Meaningful Jury Selection

October 31, 2016

Like a sporting match, a trial is a competition. Ultimately, there must be a winner and a loser; a hung jury is a tie, requiring a do-over. Competition, fear of failure, lack of education about juries, and other factors cause attorneys to focus on finding and striking those jurors that seemingly favor the opposing side.... [READ MORE]

DUI Victim’s Panels Raise Awareness and Promote Humane Perspective

October 31, 2016

Not too long ago a young man was sentenced to prison for the fatal death of a good man in a drunk driving incident. It was the young man’s first and only incident with the law, not even a traffic infraction in his 14-year driving history, which resulted in a tragic transformation for all. The... [READ MORE]

Don’t Be Fooled, Field Sobriety Tests Do Not Measure Sobriety

October 31, 2016

The charge of Driving Under the Influence (DUI) requires proof that the driver was impaired or affected by alcohol consumption. This means that the quality and the quantity of the evidence must demonstrate that the driver’s mental or physical functions were impaired to safely operate and control a car.[1] Therefore, it is irrelevant to the... [READ MORE]

Culture Code Part 2

October 31, 2016

A DUI prosecution is consistent with the unconscious meaning that most Americans have about alcohol. Clearly, every juror walks into a courtroom with deeply held beliefs, which at the unconscious level will control how they will process the information at trial, especially in a DUI trial. The juror’s impression of alcohol is that it is... [READ MORE]

Culture Code Part 1

October 31, 2016

I often hear comments from colleagues about the difficulties they face in defending a DUI case at trial. Their genuine frustration stems from wrongful DUI convictions in cases where the arresting officer lied about the DUI investigation, embellished the facts about the incident in his favor, the breath testing equipment was faulty or maintained inappropriately,... [READ MORE]

CROSS-EXAMINATION – It is All About Story Telling!

September 29, 2016

Just about every trial lawyer will tell you that cross-examination is by far the most challenging aspect of a trial. In fact, many say that cross-examination is an “art” and few are born with the innate talent to do it well. The most notable books on the subject reinforce the idea that cross-examination is an... [READ MORE]

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