A judge in Fairfax County, VA was arrested on a DUI charge and subsequently removed from presiding over DUI cases in the county.
The scale of the hypocrisy that infects our entire judicial system is difficult to fathom until you see it up close, and realize that prosecutors routinely commit crimes for which they prosecute others (examples from 2017 alone: prosecutor arrested for DUI, another...Read More
In Part I of this series, I looked at the inherent inaccuracies of the Intox EC/IR II Breathalyzer instrument even as it attempts to measure the alcohol concentration of a known control sample produced in a lab (TL;DR: it tolerates an inaccuracy range of at least .02, which is deeply problematic when that number is relied upon in threshold cases involving a .08 or .09 BAC).
In this...Read More
Over 50,000 people in North Carolina were charged with Driving While Impaired (DWI) or a related offense in the fiscal year 2015/2016. Many of them were charged (and most later convicted) based largely on a reading from the Intox EC/IR II breathalyzer instrument manufactured by Intoximeters, Inc. In many of those cases, the BAC reading registered at or near the threshold of North...Read More
The North Carolina Court of Appeals today in State v. Babich (PDF) ruled that the admission of expert testimony on “retrograde extrapolation” in a DWI case was error, because the State offered no evidence that the defendant in that case was in a “post-absorptive” state that might render a retrograde extrapolation calculation relevant. In Babich, the expert merely...Read More
Just four days after my blog post lamenting the use of presumptively unconstitutional roadblocks in Durham, Police Chief C.J. Davis announced that this intrusive and offensive tactic will no longer be used by the Durham police.
According to Chief Davis, effective immediately as of March 5, 2017, “checkpoints in the city of Durham have been directed to cease and desist.”...Read More
Law enforcement agencies in Durham County periodically set up “DWI Checking Stations,” at which every driver is stopped, detained, and investigated without suspicion of any crime. Sound unconstitutional? Sound like an excerpt from a dystopian novel?
Well, the United States Supreme Court of the United States held in City of Indianapolis v. Edmond (2000) that DUI/DWI checkpoints are...Read More