Kerry Kennedy recently ran her vehicle into a truck and continued driving. She was soon found slumped over the steering wheel, and she was unable to remember what happened, as reported by ABC News. Kennedy said it was possible she accidentally took Ambien that morning rather than a thyroid pill.…
The Confrontation Clause of the United States Constitution has been the subject of a series of modern cases decided by the United States Supreme Court. Last month, the Court issued its latest interpretation of a defendant’s right to confront the witnesses against him. The new case, Williams v. Illinois, leads…
After three weeks of trial and nine days of deliberation, the jury found John Edwards Not Guilty on one charge and could not reach a unanimous verdict on the other five charges involving campaign finance fraud. Similar to the O.J. Simpson trial, the verdict and the jurors have been the…
Like so many times before, officers responded to a call about a suspected drunk driver. The officers approached the driver and noticed the driver had the usual indications of intoxication: slurred speech and the odor of alcohol. Like most D.U.I. cases, the driver failed field sobriety tests and a breath…
Every television-watching American knows about Miranda v. Arizona, and most have the following misunderstanding about criminal law (including O.V.I./D.U.I. law): “The officer never issued Miranda warnings; doesn’t that mean they have to dismiss my case?” No. That’s not what it means. Here is what Miranda says: To summarize, we hold…
In July of 2011, state Representative Jarrod Martin was driving his children in his pickup truck in Jackson County, Ohio. He was pulled over by a state trooper for a marked lanes violation after his truck drifted left of center. The trooper asked Martin to perform field sobriety tests, and…
William Kral’s inability to hear made it very difficult for him to communicate with his attorney when he was charged with D.U.I. in the state of Washington. At his arraignment, he was assisted by an unqualified sign language interpreter that led him to believe the document he was signing was…
“Shawn, it’s Joe Smith. You’re not going to believe this, but….” I believe it, because I’ve received this call more than once. My client has a D.U.I. (O.V.I.) pending, we’re scheduled to go back to court soon, and the client is charged with a second D.U.I. This recently happened in…
The Sixth Amendment to the United States Constitution says a defendant in a criminal prosecution shall enjoy the right to be confronted with the witnesses against him. The extent of that right has undergone significant changes by courts interpreting the Constitution. A recent example is the case of Bullcoming v.…
Suddenly, there are flashing lights in your rear-view mirror. ‘What did I do?’ The officer slowly approaches your window. “Good evening. I noticed you had some trouble staying in your lane back there. I need to see your license, registration, and proof of insurance.” The nervousness makes it nearly impossible…