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Category - Evidence

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 …

29
Mar

Little-Known Surveillance Tool Called Stingray Raises Concerns by Judges, Privacy Activists

From The Washington Post. Click HERE for original story. By Ellen Nakashima, Published: March 27 Federal investigators in Northern California routinely used a sophisticated surveillance system to scoop up data from cellphones and other wireless devices in an effort to track criminal suspects — but failed to detail the practice to judges authorizing the probes. …

9
Nov

VOLUNTARY AND INVOLUNTARY INTOXICATION AND UNCONSCIOUSNESS AS A DEFENSE

The defendant took prescription Ambien and then fell asleep. He ended up driving and was arrested and convicted of DUI drugs. His defense was that he was sleep driving. This Court of Appeal articulates the rules governing involuntary intoxication (a complete defense) as opposed to voluntary intoxication (no defense). They uphold instructions telling the jury …

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