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13May 2020

A Case For Rendering The Horizontal Gaze Nystagmus Test Inadmissible

A lawyer in Fairfax County, Virginia is arguing that the Horizontal Gaze Nystagmus test should be made inadmissible in a DUI trial. The Horizontal Gaze Nystagmus (HGN) Test is one of three standard field sobriety tests used by officers to determine an individual's level of intoxication. An individual fails the test if their eyes "wobble" too much when following an officer's finger.The lawyer states that this test is no more...

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13May 2020

What Is A "Proffer" Session?

If you are ever charged with a federal felony, you will most likely have the opportunity to attend what is known as a "Proffer" session. This is basically a meeting between federal prosecutors and a defendant and their attorneys. What happens in these sessions is that the defense tries to argue that the charges that have either been brought by the prosecution or are about to be brought by the...

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13May 2020

What Is "Brady Material?"

There was a case from long ago which changed the way prosecutors handle material they discover when investigating and prosecuting a criminal case. The case in question involved a man named Brady and another man named Boblit. The case was a classic one in which someone was murdered, the two men were both presents, one was the shooter yet they both claim the other was the one that fired the...

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23Mar 2020

Virginia To Offer Restricted Driver's License To Those Who Refuse Breathalyzer

The State of Virginia has passed a law that will allow those charged for the first time with DUI to obtain a restricted driver's license, allowing them to go to work. Virginia does have a restricted driver's license available to those first-time offenders who are convicted of DUI. This has been a bargaining chip for prosecutors to plea deal DUI cases.The restricted driver's license for refusal to take a breathalyzer...

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23Mar 2020

E-Warrants Make It Easier For Officers To Obtain Blood Withdrawals

The state of Hawaii is leading the way in the use of electronic warrants. In 2013, the Supreme Court decided that blood withdrawal was a search under the 4th Amendment and to obtain a blood withdrawal a warrant was needed. Officers had previously been able to obtain blood withdrawals without a warrant under the exigent circumstances exception, because of the risk of losing evidence.Officers in Maui. HI. have started using...

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