Court cases that have changed our lives.

My favorite land mark court case of all time is of course, The Scopes Monkey Trial.

The trial in which a high school football coach and substitute teacher, names John Scopes, was convicted of teaching evolution in a state funded public school. Which at the time was of course illegal, hence why he was arrested, tried, and found guilty.

His defense attorney appealed the ruling on several grounds, but the historical importance was that the court case had gained national attention.  The Butler laws (the law stating creationism must be taught) stayed in effect for decades after. It wasn't till similar court cases started popping up in the 60's that Tennessee pulled the Butler laws. And it wasn't till Epperson vs. Arkansas, 1967, that teaching any religious based theories in public schools become unconstitutional.

It is a slightly different world now, isn't it? The thought of my biology teacher telling me about the bible is a strange one indeed.

What's your favorite court case?

A response to a question on a legal advice website by Scott in Oregon.

Scott mentioned trying to fight a DUI based on the fact that his blood sugar was at a level that indicated Ketones in his blood stream. He also mentioned a class-action lawsuit against the breathalyzer used in his arrest.

Yes Scott, alcohol breath tests have some margin of error. The level of accuracy can be affected by many medical and environmental factors, of which ketosis is one. Any legal advice would require a consultation with a complete list of all facts involved. Of the recommendation that I could give you, at the top of the list is, talk to a lawyer in your area. An experienced attorney would be able to tell you whether or not ketosis or the class-action law suit would be arguable factors in your DUI case, for example; if your breath test reading was .2+ then even with a large margin of error you would most likely still be over the legal limit, but if you blew a .1 or .09 then there is the possibility of favorable outcome.

Good Luck Scott

Read some court case victories by Chad Maddox involving DUI and the DMV.

How do tongue rings/stud impact Breathalyzers?

An Indiana Court of Appeals has ruled that the results of an alcohol breath test given to a woman wearing a stainless steel stud in her pierced tongue is inadmissible in court. That’s because the stud is a foreign object in her mouth. State law specifically prohibits anyone from having any foreign object in the mouth within twenty minutes before the time a breath sample is taken.

Spokespersons for the Indiana State Police and the Indianapolis Police Department refuse to reveal how their officers handle breath tests involving people with tongue studs. It would appear that law enforcement officers throughout the state have routinely been conducting breath tests in violation of the law and using the invalid results to obtain convictions.

It‘s very important to reduce drunk driving, but not at the expensive of violating the law to do so.

http://gototrial.com/alcohol-breath-machines/ 

Laws which set a specific blood alcohol concentration level that is above the legal limit are called “per se” laws and were first implemented in Norway in 1936. Per se is a Latin phrase that means “by itself,” and per se laws state that a BAC level of .08 g/dL or above is the only evidence needed of impairment. www.gototrial.com

Reasons Standard Field Sobriety Tests are unreliable

While standardized field sobriety tests (SFSTs) are commonly used to determine possible DUI, scientists who study the issue have claimed that “not a single study” links SFSTs to driving impairment. Despite this fact, such tests are often used at roadside and play a role in many DUI citations. If you have failed an SFST, an Orange County DUI lawyer may be able to help you defend your case.

The National Highway Traffic Safety Administration (NHTSA), the United States Department of Transportation, and the NHTSA-commissioned researchers do not claim that standardized tests are indicators of driving impairment. These organizations specifically point out the limitations SFSTs. They note that driving a motor vehicle is a complex activity and that tests measuring one’s ability to operate a motor vehicle are unlikely to be accurately measured at roadside. In fact, according to one study, “even valid, behavioral tests are likely to be poor predictors . . . of actual behind-the-wheel driving.” An experienced DUI defense lawyer can help you cast doubt on the efficacy of the roadside test administered to you.

Moreover, some police agencies do not believe that all SFSTs are accurate. For example, the California Highway Patrol Manual states that the horizontal gaze nystagmus test (HGN) is not meant to be a psychosocial test and the associated clues are not designed to discover signs of impairment. Yet, your DUI citation may very well have been based, at least in part, on your “failure” of an HGN test.


If you are not currently represented by a lawyer, please contact the law office of Chad Maddox at (714) 547-4500, for a free consultation with an experienced Orange County DUI attorney. A list of 'recent victories' achieved by his office can be found at www.gototrial.com/recent-victories.

Why your DUI attorney would put you on the stand!

While most lawyers refrain from putting a DUI client on the stand since they cannot control a prosecutor’s cross-examination, exceptions are sometimes made. For example, it may be worth having the accused testify that this was his first arrest or that he had just taken the proper dose of some special medication shortly before performing poorly on field sobriety tests, just before the arrest.

Whatever the reason your Orange County DUI attorney may have for placing you on the stand, keep in mind that it’s actually up to you to make the final decision as to whether or not you believe you should testify. Once you and your lawyer are convinced that you can do a good job, be sure to listen to all of your attorney’s instructions.  If you’ll just stay calm and review some sample questions with your attorney, like those set forth below, you’ll probably do fine.

How a defense lawyer might question his or her own client on the stand

Q: John, have you ever testified in court before?

Q: Since this is your first time, let me first ask you to simply relax and tell the truth. Please state your full legal name and address for the court.

Q: Were you in the habit of often driving in the part of town where you were stopped by the officer on the Saturday night in question?

Q: What caused you to drive into that area that night?

Q: After the concert, did you take any prescribed drug before leaving the coliseum?

Q: How long have you been on that drug?

Q: Has it always tended to make you a bit unstable on your feet? Please tell us what side effects, if any, you have dealt with since you began taking that drug.

Q: Do you remember when I asked the schoolteacher who witnessed your arrest if she was feeling a bit nervous when she took the stand?

Q: Are you feeling a bit nervous now?

Q: Now that you’ve had that drink of water, are you ready to answer a few more questions before the prosecutor begins speaking with you?

Q: Did you tell the officer who stopped you that you had just taken that drug prior to walking the straight line?

Q: What response, if any, did he make to your comment?

Q. Please let me know if any of my questions sound confusing. You can do the same thing once the prosecutor starts questioning you. Just tell me what isn’t clear so I can rephrase my question. You may always take a few moments to think about each question before trying to answer it.

If you are not currently represented by a lawyer, please contact the law office of Chad Maddox at (714) 547-4500, for a free consultation with an experienced Orange County DUI attorney. A list of 'recent victories' achieved by his office can be found at www.gototrial.com/recent-victories.

Alcohol Breath Machines

Alcohol breathalyzers don’t actually measure Blood Alcohol Content, which can only be done by analyzing a sample of blood. They attempt to measure alcohol in the breath in order to estimate the concentration of alcohol in the blood. That’s why not all states permit their use, for DUIs & DWIs.

In reality, alcohol breath testers detect any chemical compounds that contain the methyl group in its molecular structure. Unfortunately, there are thousands of such compounds. Many occur naturally in the human breath or are picked up from disease; inhaling fumes from gasoline, glue, paint, paint remover, “new car smell,” celluloid, cleaning fluids, etc.

Breath testers also assume as constants certain ratios within the human body that actually vary widely from person to person and within the same person over time. For example, many breath-testing machines assume a 2,100-to-1 ratio in converting alcohol in the breath to estimates of alcohol in the blood. However, this ratio varies from 1,900 to 2,400 among people and also within a person over time. This variation will lead to false BAC readings. Some breath analysis machines assume a hematocrit (cell volume of blood) of 47%. However, hematocrit values range from 42 to 52% in men and from 37 to 47% in women. A person with a lower hematocrit will have a falsely high BAC reading. These machines appear to discriminate against female suspects.

Alcohol breath machines are really BAC estimators, but they will still be used as evidence, by your Orange County prosecutor, to convict you of a DUI. It is up to your attorney to combat the validity on your alcohol breath test while in court. Read this article for the many ways that Chad will use to cast doubt on a drunk driving case. gogotrial.com/breathalizers-in-orange-county/

DUI victory by Chad Maddox

People v. Jason (2010-12-27) (Whittier)

Client found NOT GUILTY by Court.

After beginning a jury trial, and winning an important motion limiting the admissibility of breath evidence, the prosecution dropped one charge, and the judge found the driver Not Guilty of the other charge. This outcome avoided a conviction for DUI, and resulted in an immediate reinstatement of the driver license.