I recently came across an interesting article in the Baltimore Sun that addressed the issue of eyewitness testimony. According to a lawyer who works for the Innocence Project – a group of lawyers who work to reopen cases to introduce DNA evidence – seventy percent of successful exonerations involved convictions based on eyewitness testimony.
This does not mean that eyewitness testimony is always bad – it does mean that there are legitimate grounds (and perhaps reasonable doubt) to challenge a case when the only evidence is eyewitness testimony.
[tags] eyewitness identification, reasonable doubt, DNA evidence [/tags]
Filed under DNA evidence, innocence project, Trial issues by 
Have you ever wondered what signs of intoxication signal police officers to pursue a DUI investigation? Attorney Jamie Spencer from Austin, Texas writes in his Texas DWI Defense blog that signs of intoxication include
- Odor of Alcohol: Strong, Moderate, Faint, None
- Eyes: Bloodshot, Watery, Glassy, Dilated, Constricted
- Speech: Mumbled, Slurred, Confused, Not Understandable, Mushmouthed, Stuttered, Fair, Good, Accent, Thick Tongued
- Balance: Wobbling, Falling, Swaying, Unsure, Needed Support
- Attitude: Excited, Hilarious, Talkative, Uncooperative, Profanity, Polite, Sleepy, Combative, Indifferent, Cooperative, Insulting, Cocky
- Walking/Turning: Falling, Swaying, Staggering, Stumbling
Why are these signs important? While the State (i.e. police officer) has a certain amount of leeway to investigate drivers, that leeway is not unlimited. If the officer does not have reasonable cause to suspect that a defendant is under the influence, the arrest and subsequent evidence gathering can be attacked and possibly excluded.
Jamie writes that he will explore each of these factors in subsequent posts on his blog.
[tags] signs of DUI, right of officer to arrest me for DUI, challenge DUI arrest [/tags]
Filed under Arrest issues, dui signs, Police conduct issues by
