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http://supct.law.cornell.edu/supct/html/07-591.ZS.html Much has been made about Judge Scalia’s majority opinion requiring the testing technician to appear in court. We have a “demand statute” in Maryland, where defense counsel is required to request the technician’s...
Because of defects in the procedure for the administration of breath tests, I have been successful in having judges refuse to admit DUI breath test results. This requires the knowledge of all aspects of the procedure and how various statutes and regulations...
Recently in Baltimore County District Court I was able to suppress a stop and the resulting arrest of a client because the Maryland Transportation officer could not prove he had authority to stop my client. The same argument was rejected in Anne Arundel County because...
I was asked in 2004 by a judge to participate in his trial advocacy course at a local law school. I suggested that he use the Thornton v. United States ( http://supct.law.cornell.edu/supct/html/03-5165.ZS.html ) case as his teaching example because Justice Scalia’s...
Most police no longer have the NHTSA Manual they were “certified” on. Those that do don’t bring it to court. I NEVER subpoena the officer to bring his Manual because he can study the Manual before court and “remember” that he gave the precise instructions for each...
Well, after publishing and recalling the new manuals published in February 2006 and then in August 2006, NHTSA has now released the February 2006 manual as its newest. You think that maybe they should have called it the April 2009 DWI Edition (they reference the date...