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DUI Cases hudson on 16 Jul 2013

NFL DUI Suspensions

As a Raider season ticket holder I am always cheering for bad news for other teams in the AFC West.  I am not cheering for the news out of Denver regarding the teams reaction to the arrests of two of its executives for suspicion of DUI.  Yes, suspicion of DUI, in fact these two executives haven’t been charged with any crime…yet.

Kapsack & Bair, LLP has exclusively handled DUI cases for over 16 years, we have seen cases like these end up dismissed, acquitted and reduced.  Our Founding Fathers stated that a basic premise of our justice system was “innocent until proven guilty” yet these two men have been suspended (one indefinitely and one for a month) from their jobs yet neither has been charged with a crime nor provided the opportunity to defend themselves against these charges.  It certainly is a tragic day for justice when one of our fundamental tenets is tossed to the side, especially when the NFL prides itself on being representative of the United States to an international audience.

DUI Enforcement &DUI Issues &DUI Law &Kapsack & Bair &Notable DUI Defendants hudson on 28 Aug 2012

SF Archbishop Suspected DUI in San Diego

Over the weekend the newly appointed Archbishop for San Francisco was arrested in San Diego. Mr. Kapsack was quoted in an Oakland Tribune article relating to the caution that District Attorney’s will exercise in evaluating evidence and determining whether charges should be filed. Our office often tries to intervene in the process between arrest and filing to put forward defense strategies and prevent charges from being filed, for regular citizens as well as high profile citizens. Early intervention may prevent charges from being filed. Read the Oakland Tribune Article.

DUI Cases &DUI Defense &Kapsack & Bair staff on 07 Mar 2012

San Francisco DUI Convictions May Be Entitled to Relief

As reported in the news, and as commented on NBC news by Bruce Kapsack, the San Francisco Police Department has admitted to what amounts to fraud in the maintenance of some breath machines. Kapsack & Bair, LLP, will be conducting a full investigation of all San Francisco DUI convictions from the last several years.

If you have had a case in San Francisco, whether you were our client or not, please feel free to send an email to us with your name and case number to see if your DUI may be reconsidered and if you may be entitled to other relief.

We have set up a special email account SFPASFRAUD@kandblaw.com

Alcohol Issues &DUI Cases &DUI Defense &DUI Enforcement &DUI Issues &DUI Law hudson on 04 Feb 2008

Washington State Patrol Laboratory… Busted

Earlier this week a three judge panel finally concluded the drama in King County regarding the Washington State Patrol’s Toxicology Laboratory and oversight of breath testing program. The 29 page indictment found that many of the safeguards employed in proper laboratory protocols were not followed and in fact ignored by the Lab Manager, Anne Marie Gordon.

The panel found that Ms. Gordon authenticated test solutions that were prepared by other laboratory personnel without independent validation. The laboratory protocols called for calibration/accuracy testing solutions to be prepared and independently tested by the lab personnel. The importance of these solutions rests in that the entire breath testing program relies on the accuracy of the solutions to validate the measurements taken by breath testing equipment. The solutions are heated and the vapor is used to simulate human breath, that vapor is measured by the breath testing equipment and the result is compared to the “known” value. Of course, the problem arises when the “known” value isn’t actually “known” and the machines are calibrated to the unknown value. Without knowing what the machine is actually measuring it is difficult to verify the accuracy of the accused citizen’s breath test.

The panel found that other procedures were employed by the lab that resulted in a “culture of compromise.”

DUI Enforcement &Notable DUI Defendants hudson on 28 Jan 2008

Big Verdict for Little Person

A couple of weeks ago, Matt Roloff, one of stars of the television show, Little People Big World went to trial on charges that he drove his car while he was under the influence of alcohol and failed to maintain his lane. He was arrested in 2006 however it took until earlier this month for his case to actually go to trial. He stated that he was driving his wife’s car that was outfitted with pedals custom fit for her, therefore her car couldn’t accomdate his stature, the arresting officer indicated that he could detect a moderate odor of alcohol and Mr. Roloff declined to provide a chemical test.

While the Jury was deliberating, one of the jurors searched the internet for additional information, this is forbidden as a Jury may only properly consider evidence and argument provided during the trial. Instead of requesting a mistrial for juror misconduct, Mr. Roloff’s attorney waived the jury and requested the Judge to make a decision based on the evidence, that decision was “not guilty.”

Notable DUI Defendants hudson on 12 Jan 2008

Clinton Advisor Arrested for DUI

In New Hampshire, the night before the primary election, Sidney Blumenthal was arrested for suspicion of DUI with a high speed allegation. The Officer alleged that Blumenthal was driving 70 miles per hour in a 30 mile per hour zone. Further, the Officer alleges that he saw Blumenthal stop at an intersection. Hmm, nothing illegal about that, additionally the Officer saw Blumenthal “drifting in his lane,” which in many jurisdictions isn’t illegal, leaving the lane is required.

The simple fact here is that Blumenthal has been tried and convicted in court of public opinion before having the benefit of his day in court. Too frequently the media writes what law enforcement states and leaves the citizen to twist in the wind while their attorney is left to fight the charges in the media and the courthouse. While the Officer’s were convinced of his intoxication there was no reference to a specific blood alcohol concentration nor whether his failure to be tested was a crime in and of itself.

DUI Cases &DUI Enforcement &DUI Issues hudson on 13 Nov 2007

Sacramento DUI Warrant Amnesty

Earlier this week the Sacramento County Sheriff began a four day amnesty program for persons with out standing DUI arrest warrants. This amnesty period will run from November 13 through the 16. Following the conclusion of the amnesty period the Sheriff will initiate a sweep to arrest those with outstanding DUI arrest warrants at their homes or place of employment. Any person wishing to turn themselves in may do so at the Sheriff’s Administration Building at 711 G Street, Sacramento. The Warrant Counter is open Monday through Friday 7:00 a.m. to 4:30 p.m. Individuals eligible to receive a court date will be processed at the Warrant Counter without being booked into jail.

DUI Cases &DUI Defense &DUI Enforcement &DUI Issues hudson on 01 Oct 2007

Questionable Blood Tests Due to Failed Proficiency Tests

The Department of Justice in Watsonville revealed that two separate times in 2006 their breath testing program was flawed, so seriously that the 355 DUI cases affected may be dismissed. The issue arose because the Lab failed the proficiency testing conducted by the State Department of Health Services, while the District Attorney and Crime Lab down played the effect the failed proficiency tests had on the cases involved, the simple fact remained that the machines were not functioning properly, the results are tainted and the prosecutions should be dropped. If we can’t have faith in our prosecutor’s to do the right thing and protect the public from flawed chemical testing, who can we trust.

DUI Cases &DUI Defense &DUI Issues hudson on 05 Sep 2007

Minnesota Source Code Update

As I wrote earier, the source code battle has expanded beyond Florida and New Jersey, in Minnesota prosecutor’s and CMI missed the deadline to provide the defense with the source code for the Intoxilyzer 5000 EN. The court may dismiss the “per se” charge as a result of the failure.

The source code is the software that underlies the basic operation of the breath testing device. It essentially determines how the measurement is converted into blood alcohol concentration measurements used in criminal prosecutions. The reason why the code is important is that the software averages the readings taken during the sample to create a number, many scientists think that the breath alcohol measurement will vary dramatically depending upon where in the breath sample the measurement is taken. This variance could result in an overstatement of the blood alcohol measurement. The software also converts the breath alcohol measurement into a blood alcohol measurement. Many manufacturer’s of breath alcohol testing equipment have used the “proprietary” software defense, however, it seems to be failing in some court’s.

The “per se” charge as discussed above is a secondary charge that most persons arrested for DUI face, it states that you were DUI because your blood alcohol concentration was .08 or above. The so-called legal limit is now in effect in all 50 states since the award of federal highway funds was tied to legistlature’s enacting the limit. The importance of the “per se” charge should not be underestimated as it provides the prosecution with an alternative theory when a person is stopped for an equipment violation and performs well on field tests and has few if any of the “objective symptoms of intoxication.” (Odor of an alcoholic beverage, thick or slurred speech, red/watery eyes, unsteady gait, etc.).

DUI Cases &DUI Enforcement hudson on 29 Aug 2007

Innovative DUI Defense

Two men in Wisconsin were picked up for drunk driving, normally not a big story, but in this case they were both driving… the same car. One of the men admitted that he was too drunk to drive the car so he had his friend operate the gas and brake, the catch, the driver didn’t have any legs, his defense was that he couldn’t be the driver because he couldn’t operate the pedals. A third passenger, also drunk, walked home from the scene.

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