Trial issues

May 2, 2007

Eyewitness Testimony Not Always Reliable

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.

Read more on Eyewitness Testimony Not Always Reliable…

Filed under DNA evidence, Trial issues, innocence project by

August 18, 2006

DUI Laws Unfair to Women? – Detailed Scientific Proof

Defense lawyers frequently argue that tests used by the police to measure blood alcohol levels in women are flawed because most of these tests are calibrated using a "average" sized male and because there is some scientifice evidence that women metabolize alcohol differently than men.

Read more on DUI Laws Unfair to Women? – Detailed Scientific Proof…

Filed under Intoxilyzer 5000 issues, Trial issues, dui defense georgia, georgia dui lawyer by

March 9, 2006

Can I take care of my DUI fine without appearing in Court?

Guy – I am well known in Cobb County and it would be very embarassing for me if word of my DUI got out. I'm not convinced that I was really guilty, but I would rather just pay the fine and be done with this mess. Is there any way to take care of my Cobb County DUI without having to appear in Court. If not, is there any way to schedule my hearing first thing in the morning or in a Judge's office?

Read more on Can I take care of my DUI fine without appearing in Court?…

Filed under Pre-trial actions, Punishment issues, Trial issues by

March 6, 2006

Breathalyzer and Alcosensor

What is the difference between the "Breathalyzer" and the "Alcosensor?" Is there is any realistic way to challenge these machines?

Answer:  The Alcosensor is the portable hand held breath testing device that is administered at the scene of the pullover.  The Intoxilyzer 5000 is the breath testing device that looks like a computer, and usually located at the precinct or jail and is the device which the state uses to prove that you have more than the legal limit of alcohol in your blood.  The results of the portable Alcosensor administered in the field is not admissable in court to prove that you have more than the legal limit of alcohol in your blood.  Remember, there are good challenges to both testing devices.

Read more on Breathalyzer and Alcosensor…

Filed under Arrest issues, Trial issues by

March 3, 2006

First time DUI conviction – what will happen?

I am 19 years old and was arrested for DUI. They didn't take a blood test but I had been drinking some at a friend's house. Should I plead guilty? What's the worst that can happen to me? Would you recommend that I ask for a trial?

Read more on First time DUI conviction – what will happen?…

Filed under Punishment issues, Trial issues by

Officer failed to produce videotape of arrest.

It is important to get the opportunity to view the videotape of the arrest to allow the defendant to see if the officer's testimony is consistent with the videotape. Too often the officers embellish the facts and the videotape will show what actually happened. I have had cases where the judge agreed that the officer's testimony was inconsistent with the videotape and ruled that the officer did not have probable cause to arrest my client.

Read more on Officer failed to produce videotape of arrest….

Filed under Trial issues by

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