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California Comes Down Hard On Previously Convicted DUI / Driver

Aug 25, 2010 — by Myles L. Berman | Comments (0)
Tags: Prior Dui Offense Drunk Driving California Dui Laws

Recently, an Appellate Court in California affirmed a second degree murder conviction for a reckless driver who was alcohol/drug free because in part he had a previous DUI / Drunk Driving conviction. The prosecution introduced into evidence in the murder trial evidence of the prior DUI / Drunk Driving conviction and that the defendant attended an alcohol program in the prior DUI / Drunk Driving case that discussed the risks of driving dangerously and therefore the defendant was aware of the risks. Once the defendant was aware of the risks, the jury was allowed to infer malice which would justify a second degree murder conviction. Therefore, anyone who has a DUI / Drunk Driving conviction and gets into an accident in which the state feels the driver was reckless can be charged and convicted of second degree murder.


North Carolina Crime Lab Faulty

Aug 19, 2010 — by Myles L. Berman | Comments (0)
Tags: State Crime Labs Blood Draw Testing

Agents of the State Bureau of Investigations for North Carolina discovered that state crime lab analysts either overstated, omitted or falsified results of blood evidence in dozens of cases. In three of those cases, the defendants were executed. Apparently from 1987-2003, prosecutors were aided by agents of the State Bureau of Investigations who were misrepresenting blood evidence and keeping crucial notes from defense attorneys as well. The above findings were a result of a review 190 cases ordered by the State Attorney General after a man was imprisoned for 17 years for a murder he didn't commit. As I have reported previously, state crime labs throughout California and the US are routinely used to prosecute people arrested for DUI / Drunk Driving.


Objects Hanging From Mirrors Not Sufficient To Stop DUI / Drunk Driving Suspect

Aug 12, 2010 — by Myles L. Berman | Comments (0)
Tags: Law Enforcement Agency California Dui Laws

The Supreme Court of Connecticut recently held that a cross hanging from the rear view mirror was not a sufficient basis to stop a driver which resulted in a DUI / Drunk Driving arrest. As a result, all evidence obtained as a result of the stop was not admissible and the conviction thrown out. The State claimed that the hanging cross could have posed a distraction but presented no evidence to support their position. One time I was in court watching another case when the State claimed that a Union 76 orange ball placed on the top of an antenna blocked the driver's view and that was the reason why the police pulled him over. Police often look for any type of unusual minor decorations to stop a driver for DUI / Drunk Driving, even cracked windshields!