Trial Tactics

Analyzing Constitutional Protections Against Double Jeopardy In DWI Cases

By JOHN GERRARD Justice, Nebraska Supreme Court Editor’s Note: We rarely lead an issue with a legal decision, but this one — Nebraska v. Huff — is a tour de force, examining a number of questions revolving around the double jeopardy provisions of the U.S. Constitution. We have included the full text, including all footnotes. […]

Lurching and Weaving Reasonable Grounds for DWI Stop

By Barbara Hervey Judge, Texas Court of Criminal Appeals Appellant was charged with a Class B misdemeanor of driving while intoxicated (DWI). Following the trial court’s denial of appellant’s motion to suppress, appellant pled nolo contendere, pursuant to a plea agreement, and was placed on community supervision for eighteen months. Appellant appealed the trial court’s […]

Suppression a Proper Remedy When Solution Hasn’t Been Independently Tested

By Richard B. Sanders Justice, Supreme Court of Washington State The City of Seattle charged Jacob with DUI based, in part, on the results of a Breathalyzer test. The machine used to determine Jacob’s blood alcohol content had been calibrated using a control alcohol solution certified by Ann Marie Gordon. Law enforcement officials use alcohol […]

CASE LAW & LITIGATION TIPS

WASHINGTON Request for passenger’s name and personal information is a “seizure.” State v. Brown, 154 Wash.2d 787, 117 P.3d 336 (Wash., 2005).   Police officer stopped a car for a traffic violation. The officer approached the passenger’s side where the defendant was sitting. Another officer requested the driver’s license and registration. The first officer asked […]