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cross examination Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "cross examination"

Ohio DUI Defense – What Books Do You Need?

Ohio DUI defense includes having the right materials to prepare your case for trial.  There are 14 NHTSA police training manuals that are specific to an DUI/OVI case.  They are:NHTSA DWI Detection and Standardized Field Sobriety Testing - Instructor Manual NHTSA DWI Detection and Standardized Field Sobriety Testing - Participant Manual NHTSA Drug Recognition Expert 2-Day Pre-School - Instructor Manual NHTSA Drug Recognition Expert 2-Day Pre-School - Participant Manual NHTSA Drug Recognition Expert 7-Day School - Instructor Manual NHTSA Drug Recognition Expert 7-Day School - Student Manual NHTSA Drugs that Impair Driving - Instructor Manual NHTSA Drugs that Impair Driving - Student Manual NHTSA Standardized Field Sobriety Testing...

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Bloodshot and Glassy Eyes Are Not Clues of Impairment

In almost every DUI I have encountered, the arresting officer has indicated that the alleged drunk driver had "bloodshot" or "glassy" eyes.  We challenge the officer by pointing out that he has never seen the defendant before and has no idea whether or not the defendant was engaging in activity that would logically cause bloodshot eyes (fatigue, being in a smoky environment, etc.).  This would usually end cross-examination on this issue and the officer would be able to establish an important factor in deciding whether or not to remove the driver for standardized field sobriety testing. (Phase II of the...

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Distracted Driving or Drunk Driving?

Often, an officer's testimony of erratic driving is the most devastating piece of evidence against a person charged with DUI.  Just as often, DUI defense attorneys will overlook this evidence or make the decision not to cross examine on the issue, lest attention of the bad driving be highlighted before the jury.  This article will examine ways to attack "bad driving" and place it in a proper context so that the jury will see the defendant's actions as normal.Distracted driving has become a major issue in America.  Newer cars are loaded with complex audio systems, compact disc changers, navigation systems,...

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Science Wins at the Supreme Court

[caption id="" align="alignleft" width="300" caption="Image via Wikipedia"][/caption]Today in an per curiam decision, the United States Supreme Court reversed the Virginia Supreme Court and remanded the case to Virginia in light of its recent decision in Melendez-Diaz v. Massachusetts.  This is good news for the lawyers and defendants everywhere that wish to challenge and/or rely upon scientific evidence in their trials.  It means that the government still has to bring live witnesses to trial to testify and be subject to cross-examination.  It was widely thought that the four dissenters in Melendez-Diaz granted cert on this case in an effort to quickly overturn...

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