08 December

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DUI Science and More Faulty Breath Machine Assumptions

Evidential Breath Testing Measures The Amount of Alcohol In Your Breath Not in Your Brain!One of the faulty assumptions underlying evidential breath testing is the assumption that the tests are measuring the ability of alcohol to impair your brain. They do not. The breath test does not care how, or even if, the alcohol is impairing your brain only that it is in your breath via your lungs via your blood. The machines do not test venous blood but arterial blood utilizing the scientific principle of Henry's Law. As alcohol can be at different rates throughout your body, the machine...

07 October

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DUI and the Standardized Field Sobriety Tests – An Introduction

Posted by Dayton DUI

in DUI Law

Here is an introduction to the Standardized Field Sobriety Tests administered by police to determine whether or not probable cause exists for an arrest. For more information on the standardized field sobriety tests, please click on the link to the right. If you have specific questions, contact DUI attorney Charles M. Rowland II at (937) 318-1384 [318-1DUI] or at 1-888-769-5263 [888-ROWLAND]....

23 June

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BIG Win for DUI Defendants: Bullcoming v. New Mexico

Posted by Dayton DUI

in DUI Law

6th Amendment Confrontation Clause Victory in U.S. Supreme CourtWhen a prosecutor wants to present a toxicology or forensic report, they must subpoena the person who actually did the work that produced the report. Except in DUI cases. In DUI cases, prosecutors try to admit the report without testimony or allow the analysts supervisor to testify about the analysts work. DUI defense attorneys challenged this approach arguing that admitting the test without the actual testimony of the person who prepared the results violates a defendant's Sixth Amendment rights under the Confrontation Clause. This issue found its way to consideration...

13 June

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Fatigue and the Horizontal Gaze Nystagmus Test

Posted by Dayton DUI

in DUI Law

Can simple fatigue explain a person's poor performance on the Horizontal Gaze Nystagmus test? According to recent studies the answer is yes. Here is a link to the first formal study demonstrating that the smooth pursuit portion of the HGN test is affected by fatigue, http://iospress.metapress.com/content/8758844418248700. The study found that sleep deprivation impaired smooth pursuit. Quoting from the study's abstract: Our findings showed that sleep deprivation deteriorated smooth pursuit gain, smooth pursuit accuracy and saccade velocity. Additionally, the ratio between saccade velocity and saccade amplitude was significantly decreased by sleep deprivation. However, as the length of sleep ...

06 June

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Intoxilyzer 8000 Evidence Thrown Out in Circleville, Ohio

Posted by Dayton DUI

in DUI Law, DUI Process

Rollout of breath tester hits legal snag As reported HERE in the Columbus Dispatch, "Judge Gary Dumm of Circleville Municipal Court ruled Thursday that test results from the Intoxilyzer 8000 will not be admitted in his court until the state can present scientific proof that the machine's technology is sound." This flirts with overturning the 1984 Ohio Supreme Court ruling in State v. Vega that states that breath tests in general cannot be challenged by expert testimony, Dumm said the ruling permitted him to examine whether the Intoxilyzer 8000 was "proper equipment."Columbus lawyer Tim Huey, president-elect and DUI chairman...

16 March

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DUI Case Argued Before U.S. Supreme Court (Bullcoming v. New Mexico)

Posted by Dayton DUI

in DUI Law, DUI Process

[caption id="" align="alignright" width="300" caption="Image via Wikipedia"][/caption]Is An Analyst Required To Appear In Court? The United States Supreme Court will hear oral arguments in Bullcoming v. State of New Mexic0 (Docket No. 09-10876) to decide "whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the statements." According the the National College for DUI Defense, Stanford Associate Law professor Jeffrey L. Fisher, who brought and won the Crawford and Melindez-Diaz cases is slated to...

03 March

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Standardized Field Sobriety Tests: Validity

Posted by Dayton DUI

in DUI Law

WHEN ARE THE STANDARDIZED FIELD TESTS VALID? The standardized field sobriety tests, as set forth in the National Highway Traffic Safety Administration Student Manual (Feb. 2006 ed.), are described in Session VIII. The NHTSA manual provides the standards upon which every law enforcement officer is trained. One important piece of information about standardization is included in the manual which may help the DUI practitioner provide context to a jury.Perhaps the most important statement about standardization can be found at VIII-19 which states: IT IS NECESSARY TO EMPHASIZE THIS VALIDATION APPLIES ONLY WHEN:THE TESTS ARE ADMINISTERED IN THE PRESCRIBED STANDARDIZED MANNER THE STANDARDIZED CLUES...

22 December

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DUI Crime Lab Requirements, O.A.C. 3701-53-06

Posted by Dayton DUI

in DUI Law, DUI Process

[caption id="" align="alignright" width="210" caption="Image via Wikipedia"][/caption]O.A.C. 3701-53-06 sets forth the lab requirements for proper testing in DUI cases Ohio Administrative Code 3701-53-06 (formerly O.A.C. 3701-53-05) contains the requirements for laboratories who administer alcohol and drugs tests. Section (A) sets forth the rules that labs must keep chain of custody records and test results for three (3) years. All positive blood, urine and other bodily substances shall be retained for a period of not less than one year. Section (B) requires lab proficiency. Section (C) requires that,"[t]extbooks and package inserts or operator manuals from the manufacturer...

09 July

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Why the HGN Test is Fraudulent

Posted by Dayton DUI

in DUI Law

Officers Get It Wrong 95% of the Time![caption id="" align="alignright" width="240" caption="Statue personifying "SCIENCE""][/caption]The most important scientific study of the Horizontal Gaze Nystagmus test undertaken by someone not associated with the government is J. Booker, The Horizontal Gaze Nystagmus Test: Fraudulent Science in American Courts, 44 Science and Justice 3 at 133 (July 2004). The biggest takeaway for DUI attorneys is that the study revealed that the HGN test was improperly administered in the field 95% of the time. (95%!)Booker goes on to argue that the test was rushed into the field without proper scientific scrutiny, applying five hallmarks...

04 August

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Supreme Court Ruling Bad for Red-Light Cameras

Posted by Dayton DUI

in DUI Process

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Red light camera and speed camera manufacturers fear that last month's US Supreme Court ruling in the case Melendez-Diaz v. Massachusetts could create legal turmoil for the industry. The National Campaign to Stop Red Light Running issued a statement yesterday warning that the ruling has armed motorists with a greater ability to challenge the basis of automated traffic citations. Speed cameras, for example, depend heavily on legal faith in a certificate that claims to confirm the total reliability of a machine's speed reading. In the Melendez-Diaz case, the high court ruled that merely producing...

Forensic science Tag

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