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Recently, the Arizona Supreme Court held that police can only get a blood sample from a DUI / Drunk Driving suspect as long as the suspect consents or the police obtain a warrant. In the case decided by the Arizona Supreme Court, the driver only spoke Spanish and he was not spoken to in Spanish. He neither consented to nor resisted the blood draw after his DUI / Drunk Driving arrest. The blood draw was done by the Arizona police officer while the driver was sitting on the steps of the police van after vomiting. Recently, I blogged that Arizona… Read More

As a result of corruption, incompetence and scientific fraud, the National Research Council of the National Academies have issued a report urging reform in the forensic science field for crime labs across the United States. Crime labs are routinely relied on in DUI / Drunk Driving prosecutions across the country. The National Association of Criminal Defense Lawyers also supports the creation of an independent science-based federal agency. Crime lab witnesses are notoriously known for testifying in DUI / Drunk Driving cases favorably for the state with opinions that are at odds with numerous scientific studies and voluminous research. Taking crime… Read More

According to a recent editorial (5/27/10) in the Los Angeles Daily News by Sarah Longwell, managing director of the American Beverage Institute in Washington, D.C. it may be time to rethink the usage of DUI / Drunk Driving checkpoints. Ms. Longwell states that it is not unusual for an all-night checkpoint to stop 1,000 drivers and make only one or two – frequently zero – drunk driving arrests. She also states that speeding has now replaced drunk driving as the No. 1 cause of fatalities on the highway. Finally, Ms. Longwell questions why local governments pour money into costly and… Read More

It has been reported the San Francisco District Attorney’s Office failed to disclose to the defense the criminal histories of 80 police officers who may have testified in criminal cases including DUI / Drunk Driving cases. Apparently, any prior convictions of testifying police officers were not brought to the attention of the District Attorney’s Office.buy lasix online no prescription As a result, apparently police officers with criminal histories may have been allowed to testify without being asked by defense attorneys about their criminal histories which may have included DUI / Drunk Driving cases.buy flagyl online https://blackmenheal.org/wp-content/languages/new/us/flagyl.html no prescription Unfortunately for… Read More

San Francisco District Attorney Kamala Harris announced she is creating an independent crime lab separate from the police department as a result of the recent problems surrounding the San Francisco crime lab. As you may recall, one of the crime lab technicians was alleged to have drug problems and used inventoried drugs personally while working at the crime lab. So far, about 550 drug cases have been dismissed. In DUI / Drunk Driving cases, both blood and on occasion urine tests are routinely analyzed and tested by law enforcement crime labs. In addition, technicians or chemists from these crime labs… Read More

Britian’s new DUI / Drunk Driving laws are changing to lower the legal limit to the equivilent of .05% alcohol level in a driver’s blood or breath. Once an average man drinks 3 beers, he could most likely be a .05% or greater. An average women would need to drink even less to be at a .05% or greater. However, the new law may only asses points against a driver’s license but not subject the driver to a DUI / Drunk Driving criminal prosecution. In another area, Britian is looking to make it illegal to drive with any illegal substance… Read More

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… Read More

Recently, I wrote about problems encountered by the San Francisco Crime lab which caused it to close down. Apparently, there are thousands of pages of documents sought by defense attorneys. In addition, the court inquired into how the District Attorney’s Office looks into criminal and/or misconduct committed by law enforcement employees. The District Attorney’s Office indicated it relied on law enforcement to provide the information. This position did not sit well with the court. The information sought by defense attorneys is necessary to determine if any evidence in pending cases as well as closed cases, including DUI / Drunk Driving… Read More

I was recently trying a DUI / Drunk Driving case in Torrance, California. During one of the breaks, I was speaking with one of the arresting officers. He indicated that in this bad economy, it seems more people are driving with expired license plates because they don’t have the money to keep them current. Driving with expired license plates is a sufficient basis in which to stop a driver. Obviously, these types of stops can lead to more DUI / Drunk Driving investigations and arrests. It won’t matter if the driver is otherwise not violating any other traffic laws. The… Read More

According to the San Francisco Chronicle, 180 narcotic cases have been dropped by San Francisco prosecutors since a San Francisco Police Department crime lab scandal recently became public. The crime lab has been closed since March 9th. The San Francisco District Attorney’s Office has stated that more cases will be dismissed unless and until the drugs seized can be tested by a different source. Apparently, a criminalist employed at the crime lab is suspected of possibly taking cocaine from the crime lab. It was reported that the criminalist’s sister contacted a lab supervisor on December 16, 2009, and reported that… Read More