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Sitting in judgment of DUIs one day, on trial the next
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…
How reliable is the Intox EC/IR II Breathalyzer? Part II.
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…
How reliable is the Intox EC/IR II Breathalyzer? Part I.
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…
Retrograde Extrapolation Inadmissible in DWI Case Without “Fit” to Facts
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…
No More Checkpoints in Durham!
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…
DWI Checkpoints in Durham: The Long Arm of the Police State Right Here at Home
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…
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