Bad Facts
How can you defend bad VIDEO that shows the client stumbling, slurring words, and being incoherant?
What is After a crash with airbag deployment - think HEAD INJURY
Is it a good thing or bad thing for The Defense when the lab got their result with Single Column GC?
What is GOOD
How can you tell when the judge is a former prosecutor?
What is when the black robe starts asking their own cross exam questions
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)
How can you tell if an Expert is truly a master of something?
What is they test you with Jeopardy questions
This is one of the most common explanations of a fast pulse, yet police officers suspect amphetamines
What is Anxiety/nervousness/stress - as in being pulled over by the police
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
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)
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
This case arguably stands for the proposition that the burden shifts to the defense to prove AMP when a warrant is obtained for the blood draw.
What is Fish.
Breath Instruments assume a partition ratio of
What is 2100:1
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.
Great bodily injury 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)
This amount of blood should be drawn into a 10mL Becton Dickinson glucose tube to ensure a proper mix of additives and blood.
What is 9.3ml to 10.7ml of blood
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)
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.
The Drug Recognition Expert (DRE) does this test in a way that would make Dr. Romberg roll in his grave. Most officers can't even name this critical part of the central nervous system responsible for the sense of balance or equilibrium.
What is the vestibulocochlear system.
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)
By way of a simple complaint, this latin phrase describes itself.
What is per modum simplicis querrelae
Finish the phrase: The longer you blow....
What is...the higher you go!
What year was the Widmark formula developed?
What is 1922 by Swedish chemist Erik Widmark. The Widmark equation is a formula used to estimate blood alcohol concentration (BAC) based on factors like alcohol consumption, body weight, and time since consumption.
THE DAILY DOUBLE - This case resurrected the requirement that warrants be issued for non-consensual blood draws.
What is McNeely?
What year was the Clarence Earl Gideon's landmark case (Gideon v. Wainwright)?
What is 1963
Every degree Centigrade exhaled breath is blown above 34 Degrees
What is, raise your breath alcohol level by 6-8%
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.