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Category - Breath Testing

21
Nov

Law Offices of Mary Prevost: CALIFORNIA COURT REVERSES VANGELDER….BUT THERE’S A SILVER LINING.

This morning People v. Vangelder came down. it was argued by Chuck Sevilla. The Court reversed the Court of Appeal which had reversed a DUI conviction for excluding an expert who would have testified that the breath test machines used: 1) measure no alveolar air, and 2) had unreliable test result from variable in the …

4
May

SAN DIEGO DUI DEFENSE: EXPERT TESTIMONY CONCERNING PHYSIOLOGICAL VARIABILITY AFFECTING BREATH TESTING IMPROPERY EXCLUDEDg Breath Testing Improperly Excluded

Chalk one up for Chuck Sevilla and Chris Plourd (now The Hon. Chris Plourd!) for their great work in Vangelder. But, as usual, the young’uns in the misdemeanor unit of the City Attorney’s officer have stamped their feet and cried “foul” all the way up to the Supreme Court. Don’t they know that the Supreme …

5
Jul

CALIFORNIA CRIMINAL EVIDENCE: WE HAVE THE RIGHT TO CHALLENGE BREATH TESTING

A series of cases being handed down by the U.S. Supreme Court and California Court of appeals are being heralded by prosecutors as “new law.” Once such case is the U.S. Supreme Court’s decision in Bullcoming. Another is Vangelder, discussed below. What is frightening about this prosecutorial harkening, however, is that none of this really …

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