By JOHN GERRARD Justice, Nebraska Supreme Court Editor’s Note: We rarely lead an issue with a legal decision, but this one — Nebraska v. Huff — is a tour de force, examining a number of questions revolving around the double jeopardy provisions of the U.S. Constitution. We have included the full text, including all footnotes. […]
Analyzing Constitutional Protections Against Double Jeopardy In DWI Cases By JOHN GERRARD Justice, Nebraska Supreme Court Editor’s Note: We rarely lead an issue with a legal decision, but this one — Nebraska v. Huff — is a tour de force, examining a number of questions revolving around the double jeopardy provisions of the […]
By Barbara Hervey Judge, Texas Court of Criminal Appeals Appellant was charged with a Class B misdemeanor of driving while intoxicated (DWI). Following the trial court’s denial of appellant’s motion to suppress, appellant pled nolo contendere, pursuant to a plea agreement, and was placed on community supervision for eighteen months. Appellant appealed the trial court’s […]
By Richard B. Sanders Justice, Supreme Court of Washington State The City of Seattle charged Jacob with DUI based, in part, on the results of a Breathalyzer test. The machine used to determine Jacob’s blood alcohol content had been calibrated using a control alcohol solution certified by Ann Marie Gordon. Law enforcement officials use alcohol […]
By Wayne Morris, MS Morris-Kopec Forensics, Inc. A breath alcohol concentration is the determined by a breath alcohol testing procedure using a breath alcohol testing device. What has just been stated means that an analytical test is being used. Analytical testing is governed by the area of Analytical Chemistry and, as such, several conditions must […]
WASHINGTON Request for passenger’s name and personal information is a “seizure.” State v. Brown, 154 Wash.2d 787, 117 P.3d 336 (Wash., 2005). Police officer stopped a car for a traffic violation. The officer approached the passenger’s side where the defendant was sitting. Another officer requested the driver’s license and registration. The first officer asked […]
DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–05–21436] Highway Safety Programs; Conforming Products List of Screening Devices to Measure Alcohol in Bodily Fluids AGENCY: National Highway Traffic Safety Administration, DOT. ACTION: Notice. SUMMARY: This Notice amends and updates the list of devices that conform to the Model Specifications for Screening Devices to […]
By John A. Tarantino, Adler Pollock & Sheehan P.C., Providence, RI Criminal defense lawyers who defend driving under the influence of alcohol and drug cases always have to cross examine one or more police officers. The police officer is always a crucial witness for the prosecution; and, consequently, if the defense attorney can successfully cross […]
By William C. Head, Esq., Atlanta, GA A recent statistical study conducted by Rod Gullberg, supervisor of the of the State of Washington’s breath test program, reveals a great deal of valuable data about the modern drinking patterns of persons arrested for DUI. Gullberg, an adjunct instructor at the Borkenstein Institute in Bloomington, Indiana, […]