Temperature Defense

I represented a man who tested a .08, which is the legal limit in North Carolina. Judges in Durham have historically found defendants guilty with a breath test result of .08, unless you can convince the Judge to exclude the breath test.

I called my expert witness (a registered nurse) to testify as to the effects of an increase of temperature on a breath alcohol sample and to the latest studies, which have shown that human breath temperature averages thirty-five degrees centigrade.

The Judge allowed introduction of the breath alcohol level, but found that the State had not proved beyond a reasonable doubt that my client had a .08 blood alcohol level and entered a verdict of not guilty.

Read The Full Story Here

Never plead until you see the whites of their eyes!

I just completed a case in Orange County North Carolina. My client was charged with DWI, she blew over the legal limit, and she was convinced that we should enter a plea of guilty and get the case resolved. I was successful in persuading her to wait and see whether the state could put their case together, and that tactic was successful. The state had a problem with one of their witnesses, and eventually was required to enter a dismissal in the case. Had we entered a guilty plea in the case early in the process, that opportunity would not have occurred.

In sum, I believe you should begin every DWI with the thought that your client is not guilty. It's easy to get to guilty whenever you decide that's the right tactic, and in some cases that's the only reasonable option. But if you start at guilty, you'll never end up with a dismissal or not guilty.

Read The Full Story Here