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criminal defense

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…

Posted on Mar 22, 2017
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…

Posted on Mar 17, 2017
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…

Posted on Mar 07, 2017
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…

Posted on Mar 06, 2017
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…

Posted on Mar 01, 2017
DWI Arrests in Durham, 2015-2016

In the fiscal year 2015-2016, local police in Durham arrested and charged 902 individuals with Driving While Impaired and related charges, including Driving After Consuming While Under the Age of…

Posted on Feb 28, 2017
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