Culture Code Part 1 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,...
Month: October 2016
Culture Code Part 2
Culture Code Part 2 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...
Don’t Be Fooled, Field Sobriety Tests Do Not Measure Sobriety
Don’t Be Fooled, Field Sobriety Tests Do Not Measure Sobriety 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...
DUI Victim’s Panels Raise Awareness and Promote Humane Perspective
DUI Victim’s Panels Raise Awareness and Promote Humane Perspective 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...
Meaningful Jury Selection
Meaningful Jury Selection 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...
The Legal Limit is Not Really .08
The Legal Limit is Not Really .08 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...