DUI

Eve of Trial Evidence

Defense Attorney: “I am moving to suppress the officer’s testimony.” Prosecution: “Why? We disclosed the evidence as soon as we got it.” -Flashback 12 hours- It is the night before trial and your email shows a new message.  It is from the attorney you will be in trial with – tomorrow morning.   He writes, “We just realized that there is some evidence we intend use tomorrow that you are unaware of.”  It turns out the officer who arrested your client

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DUI Conviction Overturned – Court Erred By Denying Continuance

Six days before his trial, Defendant moved for a continuance in order to substitute new counsel.  Defendant stated: He had concerns with “his current attorney’s defense strategies and trial presentation;” He also explained to the trial court he was uncomfortable with the firm he originally had hired after being transferred between attorneys several times; He did not have the funds to retain new counsel until recently, and he had already paid a substantial consulting fee to the new attorney. The

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DUI Posts: From My DUI Blog

Here are the latest posts from my DUI Blog: A Reported Result vs. A Complete Result In DUI cases, a machine called a gas chromatograph is often used to measure an alcohol concentration in a blood sample.   The measurement, which the machine prints at the end of the process, is called a reported result.  We are finally at the point in Arizona, where courts are starting to recognize that merely providing a reported result is not sufficient evidence.  The

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Ambien & Driving Makes The Front Cover of The New York Times

From The New York Times: “To Judge Sleep Aids, U.S. Looks at Drowsy Driving in the Morning.” The Food and Drug Administration is considering the residual drowsiness that can persist the day after taking prescription sleep aids, and whether users can drive safely upon waking. Click here to read the story: http://nyti.ms/16JxvIK

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