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Written by attorney Michael Cohen, over 1 year ago.
Driving under the influence (DUI) prosecutions usual rely heavily on the testimony and credibility of police officer witnesses. As a criminal defendant, the United States Constitution guarantees you access to all evidence in the possession of law enforcement that may help you in ...
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Written by attorney Michael Cohen, over 1 year ago.
The short answer, they can test for whatever they want. The State will first test for alcohol because it is the fastest and easiest substance to test for. If the results show that your BAC is below the legal limit then the State will move on to test for other substances. What the...
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Written by attorney Michael Cohen, over 1 year ago.
There seems to be a fairly high rate of turn-over in the state's crime laboratories. By the time a case is called for trial, it is not unusual for an analyst to have found other employment, and to not be available for trial. The prosecutors uniformly attempt to skirt this large p...
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Written by attorney Michael Cohen, over 1 year ago.
The Drugs of Abuse: An Overview Central Nervous System Depressants This category includes the most widely abused drug, alcohol. In addition, the category consists of barbiturates, non-barbiturates that have barbiturate-like effects, anti-anxiety tranquilizers, anti-psychotic tran...
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Written by attorney Michael Cohen, over 1 year ago.
Sign and Symptom Based Drug Recognition Experts (DRE) classify the drugs of abuse into seven categories. This categorization system is based on the premise that each drug within a category produces a pattern of effects, known as signs and symptoms. This DRE categorization system ...
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Written by attorney Michael Cohen, over 1 year ago.
DRE Drug Categorization: Patterns of Signs and Symptoms Borrowing extensively from medicine, psychiatry, physiology, toxicology, and associated fields, a drug categorization system was developed that placed the primary drugs of abuse into seven categories. These categories are no...
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Written by attorney Michael Cohen, over 1 year ago.
If you were planning a trip to Canada, and you have a DUI or DWI on your criminal record, you may want to change your plans. Or, at least, you may want to learn a few things about Canadian immigration law first. In Canada, there are two major types of criminal offenses: indictabl...
Written by attorney Michael Cohen, over 1 year ago.
If you have been pulled over for DUI or DWI the police officer will ask you to submit to a breath test or you may end up taking a blood test to measure the blood alcohol content (BAC) in your body. Your BAC reading is one of the key pieces of evidence that the prosecution will us...
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Written by attorney Michael Cohen, over 1 year ago.
Before we delve into the scientific basisor, more accurately, the lack of scientific basisof Field Sobriety Tests (FSTs), lets consider how much depends on the subjective judgment of the police officer. Whether a person is arrested, whether the district attorney decides to press ...
Written by attorney Michael Cohen, over 1 year ago.
Burglaryis the crime of entering, or remaining in a structure, without permission, for the purpose of committing a crime. A structure now generally includes mobile property as well, such as cars, boats, and mobile homes. The intended crime does not have to be theft to be charged ...