Bad Facts
The Science
Bovine Exhaust by Any Other Name
The Law of DUI
Experts
DRE
100
By this method, you can defend bad VIDEO that shows the client stumbling, slurring words, and being incoherant?
What is After a crash with airbag deployment - think HEAD INJURY
100
Is it a good thing or bad thing for The Defense when the lab got their result with Single Column GC?
What is GOOD
100
How can you tell when the judge is a former prosecutor?
What is when the black robe starts asking their own cross exam questions
100
This case provided the ONLY decision in California at the time that calls it the “prosecution’s burden” to show AMP for a warrantless blood draw.
What is ESAYIAN - it was a Court of Appeal decision out of the Fourth District, Division 1 (right here in sunny San Diego)
100
This is the way you can tell if an Expert is truly a master of their subject.
What is they
- test you with Jeopardy questions
- stump the prosecutor
- make you think of things you never thought of before
100
This sign is one of the most common indicators of anxiety/stress/nervousness - as in being pulled over by the police. Yet Police use it as a contributing factor to judge a person as being under the influence of a substance.
What is a fast pulse, yet police officers assume stimulants
200
Police report says, "I smelled the odor of alcohol emitting from the person's breath." This chemical is the one responsible for the characteristic aroma.
What is ETHANOL. It is odorless to some people at low concentrations, but most can smell a mild, sweet, and slightly pungent smell. It’s not overwhelming, but it’s definitely noticeable
200
These types of chemicals have atoms in common with charcoal and tend to evaporate quickly. They can contaminate the results of a gas chromatography test - what are they?
What are volatatile organic compounds (VOC's)
200
This category of police specialist has been trained by people with no scientific background and have no scientific expertise, and has been given the title of "expert." What is the full title of this specialist?
What is a Drug Recognition Expert
200
Title 17 is silent about this part of acquiring the blood necessary provide evidence of an illegal BAC.
What is medical procedures
200
This case set the precedent that experts can rely on hearsay if it is part of the instant case.
What is Sanchez
200
What is the primary role of a Drug Recognition Expert (DRE)?
What is to determine if a person is impaired by drugs (including alcohol) and identify which one.
300
When great bodily injury is charged, it must be based on at least one or more of these 3 principles.
What is bodily injury that:
1) creates substantial risk of death
2) causes serious, permanent disfigurement
3) causes protracted loss of function of any body part or organ (Blacks, 9th ed., p. 856)
300
The process of washing a substance through a chromatography column using a mobile phase - typically a solvent, is called this.
What is Elution
300
To justify charging people with Watson murder, prosecutors have visited high schools where adult defendants attended in years past to show that when they were a student, they attended this program sponsored by the California Highway Patrol as part of a student body safety program focused against driving under the influence.
What is "Every 15 Minutes"
300
Perfect defense - by definition - means that the prosecutor lacks this.
What is a valid case. The defendant's answer, denial, or plea can establish this deficit. (Black's, 9th ed., p. 482)
300
Expert witnesses can rely on hearsay if it helps... (complete the sentence)
What is to form their opinions, but they can’t present it as fact.
300
In the DRE 12-step evaluation, this physiological test—used to detect signs of CNS depressants or inhalants—measures involuntary eye movement when tracking a stimulus side to side.
What is the Horizontal Gaze Nystagmus test?
400
In rare cases, this yeast—normally found in the human gut and mouth—can contaminate blood samples and ferment glucose into ethanol, falsely suggesting alcohol intoxication.
What is Candida albicans
400
The flame in a gas chromatograph is typically around 200-300°C... hot enough to ionize the eluted compounds, but not so hot that it damages this specialized part of the chromatograph. What is the name of this part?
What is the flame ionization detector (FID)
400
This appellate case highlighted the exigent circumstances exception to the warrant requirement, particularly when evidence is likely to disappear. The officer directed a physician to take a blood sample despite a refusal on advice of counsel. The BAC report indicated intoxication and was admitted in evidence over objection at DUI trial.
What is Schmerber v. California
400
What year was the Clarence Earl Gideon's landmark case (Gideon v. Wainwright)?
What is 1963. Public defenders owe their paychecks to this man.
400
This method establishes the scope, content, and nature of the experts testimony
Direct examination
400
The DRE does this test in a way that would make Dr. Romberg roll in his grave. Most officers can't even describe the physiologic basis for this supposed test of the sense of balance or equilibrium.
What is the modified Romberg test.
500
Princess Diana; Sam Kinison; and Billy Martin all met their ends with this factor in common.
A drunk driver.
500
What year was the Widmark formula developed?
What is a 1934 publication by Swedish chemist Erik Widmark. His work started in 1922 and resulted in a formula used to estimate blood alcohol concentration (BAC) based on factors like alcohol consumption, body weight, and time since consumption.
500
THE DAILY DOUBLE - the concept of blood to breath partition ratio is critical to convicting people with breath test results. This committee arbitrarily defined the average ratio now used as a standard in breath testing devices.
1954, a special committee appointed by the U.S. National Safety Council concluded that the blood to breath ratio for alcohol, used in Breathalyzers and similar devices, was approximately 2100:1. This became the de facto standard in North America and other parts of the world.
500
By way of a simple complaint, this latin phrase describes itself.
What is per modum simplicis querrelae
500
This is the number of experts that are CURRENTLY on the CDLA Expert list.
What is 13
500
Garden Grove (Orange County) police officer Michael Elhami pulled this female driver over and arrested her for DUI on Oct. 31, 2011. It turned out she was having a stroke. Who was the woman and what was the outcome?
Who is Robin Winger, a 43 y/o on the day she suffered a stroke on the left side of her brain. The Federal court judgement totalled $800,000 in 2021.
