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North Carolina Crime Lab Faulty
April 19, 2010

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

San Francisco Crime Lab Still In Spotlight
April 19, 2010

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

Bad Economy Leading To More DUI / Drunk Driving Arrests
April 10, 2010

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

San Francisco Crime Lab Closure Leads To 180 Cases Dismissed
March 18, 2010

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

California DUI Checkpoints Generate Revenue For Local Governments
March 8, 2010

According to the Orange County Register, a study done for the year 2009 by Investigative Reporting Program at University of California-Berkely with California Watch found that more cars are seized than DUI / Drunk Driving arrests are made. Impounding of cars generated approximately ,000,000 in towing fees and police fines. This revenue is divided by cities and towing firms. Police officers received about $30,000,000 in overtime pay for the extra DUI / Drunk Driving enforcement. Also, during 2009, police seized more than 24,000 vehicles at checkpoints. This represents an increase of 53% from 2007. Apparently, DUI / Drunk Driving sobriety… Read More

Myles L. Berman DUI / Drunk Driving Case Of The Week Of 2/7/11
February 11, 2010

Our client was stopped for DUI / Drunk Driving after he was observed driving erratically including drifting into the left lane with his right turn signal on, correcting back to the center lane and drifting again into the left lane almost striking the center median wall. After the stop, the officer’s observations included the odor of alcohol, slurred speech, and red and glassy eyes. There were 2 empty containers of beer on the passenger floorboard. After being administered four field sobriety tests, which the officer indicated our client did poorly, our client was arrested for DUI / Drunk Driving. Our… Read More

Myles L. Berman DUI / Drunk Driving Case Of The Week Of 1/31/11
February 4, 2010

Our client was stopped for making an unsafe lane change. He had a strong odor of alcohol on his breath. His eyes indicated that he had consumed alcohol. He was questioned by the police officer. During the field sobriety tests our client was swaying, unable to walk a straight line, unable to lift his legs for 30 seconds and unable to touch the tip of his nose with the tip of his finger. He then took 2 on-scene breath tests with the results being .20 and .17. Our client was then arrested for DUI and refused either a further breath… Read More

Driver Reports Herself For DUI / Drunk Driving
January 28, 2010

A several months ago, a woman from Neilsville, Wisconsin, called 911 and reported herself as a DUI / Drunk Driver. The driver followed the dispatcher’s direction to pull over to the side of the road and turn on her flashers. When the police officers arrived, the woman was investigated and arrested for DUI / Drunk Driving. Apparently, her breath alcohol level was more than twice the legal limit for Wisconsin. The arrest occurred in a rural area of Wisconsin, about three miles northeast of Neilsville which is located in Central Wisconsin. When the driver was asked by the dispatcher if… Read More

Ireland May Lower Alcohol Level to .05% For DUI / Drunk Driving
January 22, 2010

Ireland is considering lowering the legal limit to .05% (California is set at .08% for DUI / Drunk Driving) alcohol in drivers blood who drink and drive. In addition, the law would lower the legal limit to .02% for drivers who are learning to drive, underage, and professional drivers. However, many of the studies used to support this proposed law have come into question as the studies can not be substantiated. However, the law, if passed, could not be implemented until at least 2011 because the DUI / Drunk Driving breath testing machines used in Ireland are either outdated or… Read More

2010 New Year’s Holiday DUI / Drunk Driving Arrests Rise
January 16, 2010

The California Highway Patrol arrested 1,252 drivers for DUI / Drunk Driving throughout the state of California between the hours of 6 p. m., December 31, 2009 and 6 a.m. January 3, 2010. This is compared to 986 drivers arrested during the same time period last year. This amounts to an increase in arrests of almost 27% over last year. In Los Angeles County alone, the CHP arrested 241 drivers for DUI / Drunk Driving during the same period of time. During last year’s New Year’s Holiday period, the CHP arrested 202 drivers for DUI / Drunk Driving. This year’s… Read More

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