Illinois v. Lidster (2004) 540 U.S. 419
Jan 14, 2004OUTCOME: Reversed
Challenge to Roadblocks filed in United States Supreme Court
Barry Thomas Simons's Legal Cases (5)
Laguna Beach, CA
DUI and DWI Lawyer at Laguna Beach, CA
Practice Areas: DUI & DWI
Stogner v. California
Jun 26, 2003OUTCOME: California Supreme Court Reversed
United States Supreme Court declared the retroactive application of time barred statutes of limitation a violation of the constitutional prohibition against ex post facto laws
Baker v. Gourley
May 21, 2002OUTCOME: Court of Appeals Overturned DMV Suspension
Mr. Simons exposed The Orange County Crime Lab for using Blood Methods that had not been approved or placed on file with the Califonia Department of Health. This was a violation of the Code of Regulat ... ions and the DMV failed to establish that the test was valid. The Attorney General argued that the DMV could rely upon objective symptoms of intoxication to establish that the driver was over the legal limit to support the DMV suspension. The Court of Appeals ruled that objective symptoms were not relevant and were not a substitution for a valid scientific test establishing a BAC over 0.08%
Nelson v. City of Irvine , et al.
Feb 11, 1998OUTCOME: Class Action Lawsuit against Irvine Police upheld
The Irvine Police Department engaged in a systematic practice of denying DUI arrestees the choice of a breath test over blood tests. The Court held that this was a violation of the 4th Amendment of th ... e U.S. Constitution
Robertson v. Zolin
Nov 12, 1996OUTCOME: DMV Suspension Set Aside
Robertson established that there was .XX code on one of his breath tests and that as a result of this evidence the burden of proving the test valid was shifted to the DMV. The Court held that the driv ... er only needed to show that offical regulations were not followed to shift the burden of proof to the DMV. The Court also held that it wasn't the driver's burden to show the test was invalid and that the driver did not have to intoduce complex scientific evidence to establish that officials standards were not complied with.
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