So, you are ready to get in the car and take that big Memorial Day trip. Beware, state troopers are on the prowl and the Ohio State Highway Patrol promises to be very active this holiday weekend making sure we behave well and get to our destination safely. The National Motorists Association has compiled a SPEED TRAP EXCHANGE (www.speedtrap.org) to warn motorists of spots where patrols will be particularly brisk. If you make use of this valuable tool, be sure [Read the full post. . .]
When you hear a DUI/OVI attorney decrying “junk science” that is used in court, they are most likely referring to the fact that the air blown into the breath test machine for purposes of testing cannot be the same air that is exchanged with the deep lung alveolar sacs. It is impossible to limit the breath test to limit itself to deep lung alveolar air. The theory breaks down because: IF THE MAJORITY OF AIR BEING MEASURED HAS [Read the full post. . .]
GetMADD, http://getmadd.com is a leading voice against the neo-prohibition tactics employed by Mothers Against Drunk Drivers. Here is a sample of their content:
Follow the Money:
And you thought it was about saving lives
In 2006, MADD received $4,436,481 from arrestees who in MADD’s words were ‘forced’ to sit in on their VIP panels.
The 2004 figure was $3,749,000
The 2005 figure was $3,957,095
(More arrests=more money for MADD. Hmm).
An interested party recently asked: If you were born at 11:00 pm, can you begin drinking on your 21st birthday at midnight or do you have to wait until 11:00 pm on your birthday? Well, according to State v. Yarger 2009-Ohio-543, 3rd District Court of Appeals: View Court Published Official Document, the State of Ohio does not recognize fractions of a day. Based upon this ruling it is appropriate to serve alcohol to persons at the [Read the full post. . .]
I am writing to alert NACDL membership to an important development that may have a significant impact on criminal defense practice. The National Research Council today released a sweeping critique of current forensic science methods presented by police and prosecutors in courtrooms across the country. The report, Strengthening Forensic Science in the United States: A Path Forward, found that too many “crime” labs evince a prosecutorial bias more oriented toward convicting suspects rather than scientific truth. It found that many [Read the full post. . .]