January 2001
Search Warrant Can’t Trump Statutory Prohibition On Chemical Test Results
Juror’s Statements Not Determinative of Impartiality
Admissibility of “Medical Purpose” Blood Analysis Results
Case Law at a Glance/Litigation Tips
February 2001
Acetone and Isopropyl Alcohol As Interferents in Blood-Breath Analysis
Cross-Examination On Videotape Evidence
Case Law at a Glance/Litigation Tips
March 2001
Evidence Spoliation: Duty to Gather, Test and Preserve Biological Speciments
Questioning Police and Lay Witness Testimony on Intoxication — Part II: An Update on the Science
Case Law at a Glance/Litigation Tips
April 2001
A Discussion of Daubert In the Defense of Alcohol and Drug Impairment Cases
Getting Inside the Juror’s Head:A Guide to Effective DUI Voir Dire
Case Law at a Glance/Litigation Tips
May 2001
Permissive Inferences and Cross Examination of State Chemists: Why the Partition Ratio Can Still be Attacked.
When Alcohol is Not Ehtanol
Case Law at a Glance/Litigation Tips
June 2001
Title 17 Lives Again in California (At Least for a Little While)
On the Road to Reason: Prosecution Argument that Drunk Driving Is
A Crime of Violence Stalls Out
Accidents, Trauma And False BAC Readings
Case Law at a Glance/Litigation Tips
July 2001
Prosecutorial Misconduct: Improper Attacks On Defense Experts
Defendant’s Exhibit A: The Intoxilyzer
Case Law at a Glance/Litigation Tips
August 2001
Why Other States Should Ignore New Jersey DUI Convictions
How to Make Your Opening Statement into a Closing Argument
Case Law at a Glance/Litigation Tips
September 2001
Attacking the Prosecution’s Machine: How to Transform High Tech Evidence into Low Juror Confidence
A Critical Analysis Of Standard Field Sobriety Tests
Case Law at a Glance/Litigation Tips
October 2001
Representing Truckers in Drug and Alcohol Cases
Review of PBT/EBT Correlation Test Results in Massachusetts
Case Law at a Glance/ Litigation Tips
Book Review: Criminalistics: An Introduction to Forensic Science
November 2001
Hypnotic Drugs and Driving Impairment
Data Quality Assessment Of Breath Alcohol Measurements Leads to Not-Guilty Verdict
Case Law at a Glance/Litigation Tips
December 2001
Defending the Driving Under Influence of “Ecstasy” Case
A September 11th Adjustment In DUI Defense
Case Law at a Glance/Litigation Tips
January 2002
When Standard Isn’t Standard: Cross Examining the Officer On Field Sobriety Tests
Saturation Patrols & Sobriety Checkpoints: What NHTSA Is Telling Your Adversaries
Case Law at a Glance/Litigation Tips
February 2002
Challenging Roadblocks After City of Indianapolis v. Edmund
Destroying the Myth Of Police-Administered HGN
Case Law at a Glance/Litigation Tips
Book Review: Forensic Science and the Criminal Law
March 2002
Apprendi Does Not Apply to Drunk Driving Cases
Field Test of On-Site Drug Detection Devices: A Report by NHTSa
Case Law at a Glance/Litigation Tips
April 2002
Using PTSD Diagnosis To Defend a Drunk Driving Case
Ruse Roadblocks: When Individual Suspicion Doesn’t Exist
Ruse Roadblocks: Is It Suspicious Conduct to Avoid the State’s Unconstitutional Conduct?
Case Law at a Glance/Litigation Tips
May 2002
For the (QA) Record
When an Officer Impedes Right To Independent Test: The Defense
Case Law at a Glance/Litigation Tips
June 2002
United States v. Horn: Playing Taps For Field Sobriety Tests
Book Review: Forensic Science Handbook, Volume 1, 2d Edition
Case Law at a Glance & Litigation Tips
Prosecutors’ Views on Problems in DWI Trials and How to Solve Them
July 2002
The Berkemer Folklore in Specific Law Enforcement Activities
Juror Questionnaires In Drunk Driving Cases
Case Law at a Glance/Litigation Tips
August 2002
A Defense Lawyer’s Evolving Thoughts on Reasonable Doubt
Is a Breath Detector A Scientific Instrument?
Case Law at a Glance/Litigation Tips
When Writing an Op-Ed Piece Can benefit Your Firm
Notes from the Field
September 2002
Videotaping Can Violate Right to Counsel
Yes, Breath Detectors Are Scientific Instruments!
Case Law at a Glance/Litigation Tips
October 2002
The Luck of the Irish And Drunk Driving Defense
Lost Datamaster Ticket No Reason For State to Amend Charge on Day of Trial
Case Law at a Glance/Litigation Tips
November 2003
When Drunk Driving Isn’t a Crime: The Common law Defense Of Necessity
Drunk Driving Is Not A “Crime Against the Person”
Case Law at a Glance/Litigation Tips
December 2002
Breathing-Related Limitations to the Alcohol Breath Test
Ruse Checkpoints Violate Constitution
Case Law at a Glance/Litigation Tips
January 2003
Stationary Shelter as an Affirmative Defense
Developing Themes In DWI Trials: Knowing When to Fight and What to Fight About
Case Law at a Glance/Litigation Tips
February 2003
Dealing With Defeat
Motor Vehicle Trauma and SFSTs: Trap for the Scientifically Unaware
Playing to Win! Tips on the Practice of DUI Law
Case Law at a Glance/Litigation Tips
March 2003
Study Finds Judges Would Reduce Standars for Trial of DWI Cases
Using Words, Phrases and Messages to Defense-Oriented Jurors
Substance Use Problems Among Emergency Room, Trama Patients
Case Law at a Glance/Litigation Tips
April 2003
Intoxilyzer Model 5000: Inappropriate Bolstering
Winning the Drunk Driving Felony Trial Without Attacking the Victim
Case Law at a Glance/Litigation Tips
May 2003
The Romberg Balance Test: Differentiating Normal Sway from Alcohol-Induced Sway
A Pair of Show Stories or How to Take a Step Toward Reasonable Doubt
Case Law at a Glance/Litigation Tips
June 2003
Using The Total Body Water (TBW) Approach to Calculating BAC
Field Sobriety Tests are Searches, But Suspect Needn’t Be Told of Right to Consult Counsel
Case Law at a Glance/Litigation Tips
Conforming Products List of Evidential Breath Measurement Devices
July 2003
A Study of the Reliability of Over-the-Counter Breath Alcohol Test Devices
Jury Selection in the Worst Cases
Case Law at a Glance/Litigation Tips
August 2003
Attaching Expert’s Qualifications
Admissibility of Urine Testing in Driving Under the Influence Cases
Order Granting Defendants’ Amended
Motion to Exclude Urine Results
Case Law at a Glance/Litigation Tips
September 2003
Don’t Concede the Corpus: Make the State Prove the Defendant Was Driving Under the Influence
Good Enough for Government Work — Update 2003
Case Law at a Glance/Litigation Tips
October 2003
DUI Tags and Discretionary Stops: An Unconstitutional Combination
The State’s Real Problems In Low Reading With Underaged Drinkers
Case Law at a Glance/Litigation Tips
November 2003
Effective Cross-Examination Is Key
To Successful DWI Defense
Guiding the Jury to Reasonable Doubt
In Closing Argument
Case Law at a Glance/Litigation Tips
December 2003
Analogies and Anecdotes, Part VI:
Crickets, Coins, Clocks and Clowns
“The Lighter Side of Drunk Driving”
Case Law at a Glance/Litigation Tips
January 2004
Alveolar Air - Forensic Scientists Have It Wrong!
Attacking the Pre-Test Observation Period
Case Law at a Glance/Litigation Tips
February 2004
How to Daubert-Proof the Defense Expert
Separation of Powers and Motor Vehicle Agency’s Authority to ‘Void’ Limited Driving Privileges
Case Law at a Glance/Litigation Tips
March 2004
Illinois v. Lidster: A New Roadblock to Defense Attacks on Sobriety Checkpoints
The Calibration of Breath-Alcohol Analyzers with Simulator Solutions: The Accuracy Factor
Case Law at a Glance/Litigation Tips
April 2004
New Jersey: Unacceptable Breath Test Refusal Rate and Alcotest 7110
Why Courts Aren’t Unanimous On Anonymous Informants
Case Law at a Glance/Litigation Tips
May 2004
Combination” DUI Cases: Alcohol and Othe Drugs — The Explosion of New Polydrug Arrests
Warrantless Entries Lead To Unwarranted Charges
Case Law at a Glance/Litigation Tips
June 2004
HIPAA: New Weapon in DUI Cases
Dealing With the Percipient Witness
Case Law at a Glance
& Litigation Tips
July 2004
How to Gain Control Of the Prosecution Expert
New Jersey Alcotest 7110 Opinion Finally Published: Coincidental Happenstance?
Why Many Commercial Ethanol-Laden Solutions Can Produce False Positives
Case Law at a Glance/Litigation Tips
August 2004
Dealing with the Refusal In Closing Argument
Driving With Drugs in Urine
Case Law at a Glance/Litigation Tips
Book Review: Criminalistics 8th ed.
September 2004
Applying Crawford To Drunk Driving Cases
The Problem With Field Sobriety Exercises
Case Law & Litigation Tips
October 2004
What Does Blakely Mean For Drunk Driving Defense?
NHTSA’s Drugs and Human Performance Fact Sheets
Cannabis and Human Performance
Case Law & Litigation Tips
November 2004
U.S. Supreme Court Weighs In: Drunk Driving Is Not A Crime of Violence
Blood Alcohol Determination-Part I: Collection and Storage of Specimen
Case Law & Litigation Tips
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