Thursday, July 29, 2010

You are here: Home >

Posts tagged as:

Breath Testing

Five Reasons Retrograde Extrapolation Should Not Be Allowed In DUI Cases

September 18, 2009

I have written previously in this blog about the unreliability of retrograde extrapolation in drunk driving cases.   This is an important topic because state experts in drunk driving cases often will come into court and try to convince the jury that the driver’s blood alcohol at the time of the driving was higher than at [...]

  • Share/Bookmark

BAC Tracker Upcoming Training and Certification

September 15, 2009

In February 2009 the National Academy of Science (NAS) published a report entitled: Strengthening Forensic Science in the United States: A Path Forward identifying shortfalls in the forensic science discipline. The NAS report cited the lack of standard reporting and testimonies by many forensic laboratories in the United States as a major concern. The report [...]

  • Share/Bookmark

Michigan Minor in Possession Law Ruled Unconstitutional

September 15, 2009

On September 10, 2009, the Michigan Court of Appeals ruled that Michigan’s MIP (minor in possession) law was unconstitutional. The name of this new case is City of Troy v. Chowdhury. Although the Chowdhury case addressed only the Troy MIP city ordinance by extension it applies to the state statute as well.  This is because [...]

  • Share/Bookmark

GERD Can Falsely Raise Breath Test Results

September 14, 2009

It is possible for a person arrested for drunk driving who is suffering from GERD to have a breath test result that is way too high.  So what does ”way too high” really mean?  It’s impossible to say, but with GERD the breath test result could be as much as 100% too high.  It is more likely however that the breath test result is [...]

  • Share/Bookmark

Michigan’s First Melendez Diaz Motion?

August 6, 2009

I rarely write about war stories, but thought this one might be a good one to relate on this blog. First some background. In some courts in Michigan a jury in a drunk driving case is picked one day and subsequently a trial date is set. The trial date may be several weeks later. It’s also very typical [...]

  • Share/Bookmark

Lack of Witnesses Makes Breath Tests Inadmissible

July 31, 2009

 Prior articles on WinBackYourLife.org have discussed the significance of the recent USSC case of Melendez-Diaz.  These articles have discussed how the Supreme Court’s ruling in this case will make it more difficult for prosecutors to gain convictions in drunk driving cases through the use of breath or blood test results.   A recent article on [...]

  • Share/Bookmark

How to Beat a Michigan Drunk Driving Charge at Trial

July 17, 2009

In criminal law, and therefore in a drunk driving trial, winning simply means showing that there is a reason to doubt that the crime has been proven. Therefore, you beat the drunk driving charge at trial by showing that there is a reason to doubt: That you were drunk That you were drunk while driving [...]

  • Share/Bookmark

Will Ignition Interlocks End Drunk Driving?

July 9, 2009

According to a July 1, 2009 Time Magazine article entitled Coming Soon: A Breathalyzer in Every Car. [A] new highway bill pending before Congress would instruct all 50 states to require all motorists convicted of driving under the influence to equip their cars with interlock systems that shut down a vehicle when a measured amount [...]

  • Share/Bookmark

Michigans New Super Drunk Law

July 9, 2009

 News Release: Michigan Legislators Pass Draconian New “Super Drunk” Law  Contact:      Patrick T. Barone, Esq.  For Immediate Release Lansing, Michigan (January 9, 2009) – On December 19, 2008, Michigan Enrolled Senate Bill 1134 passed both houses of Michigan’s Legislature, and is now awaiting the Governor’s signature. Known as the “Super Drunk” bill, this legislation amends several [...]

  • Share/Bookmark

New Supreme Court Ruling Makes Drunk Driving Acquittals More Likely

June 25, 2009

Before today, a typical drunk driving trial in Michigan, with breath test evidence, would consist of perhaps as few as one witness.  That one witness would be the arresting officer, who would talk about everything he or she witnessed at the roadside to “validate” the arrest, and everything he or she did to collect the [...]

  • Share/Bookmark

A Look Inside The DataMaster DMT

June 25, 2009

Few Michigan DUI defense lawyers have seen or even know about the new DataMaster DMT.  I wanted to be the first to write about how it works, and provide lots of photos.  This will help the typical Michigan DUI lawyer better represent his or her clients. Analytically, the new DataMaster DMT is the same breath [...]

  • Share/Bookmark

What Should You Do If You Are Pulled Over For Drunk Driving?

June 25, 2009

It appears that the most popular video on YouTube on the topic of drunk driving is my video entitled “What Should You Do If Pulled Over For Drunk Driving.”  In this video I am specifically referring to the Michigan drunk driving laws and the Michigan Implied Consent Law. In this video I explain why you should [...]

  • Share/Bookmark

Michelle Glinn Concludes DataMaster DMT Flawless

June 25, 2009

As previously reported, Michigan is in the process of placing a new breath testing instrument into service.  This breath testing instrument is called a DataMaster DMT.  Michigan has ordered a few hundred of these new breath testing units, and they are currently being evaluated by the Alcohol Enforcement Unit, Traffic Services Section of the Michigan [...]

  • Share/Bookmark

Retrograde Extrapolation in Michigan Drunk Driving Cases

June 22, 2009

Retrograde extrapolation is the practice of taking a bodily alcohol level at a known point in time (time of the alcohol test) and relating it earlier point in time (time of driving).  In the typical drunk driving case retrograde extrapolation would be performed by a state expert to relate back a breath or blood alcohol level derived [...]

  • Share/Bookmark

Are Some of Michigan’s Drunk Driving Defense Lawyers Unethical?

June 17, 2009

Sadly, Michigan’s State Bar does not require ANY continuing education for licensed lawyers.  The reason I say “sadly” is because many areas of practice require extensive advanced training.  Once such area is drunk driving defense.  What I mean by this is that competent representation in a drunk driving case requires a high level of expertise. [...]

  • Share/Bookmark

← Previous Entries

Next Entries →