I got a few calls about my recent DWI trial so I figured I should tell the story. Despite a breath test showing a BAC of 0.16, the jury found my client not guilty.Here are some details:For starters, breath tests are not reliable -- see my post on breath test videos for some idea. Also key - in this case my client was innocent. For a variety of reasons, I have no doubt whatsoever.My client, a

It looks like NY DWI cases will become more interesting in light of Melendez-Diaz (129 S.Ct. 2527), which just came down from the Supreme Court in late June. That case follows on the 2004 Crawford (541 US 36, 124 S.Ct. 1354) decision on the Confrontation Clause in the Sixth Amendment.The defendant in a criminal case has the right to confront his accusers. Melendez-Diaz holds that lab technicians

Saw these great breath test videos on YouTube. I mentioned them on my other blog recently, but thought they deserved their own post. For those who believe in the Breathalyzer, these videos will give you something to think about.The first video demonstrates the problem of mouth alcohol. I've seen this myself at a seminar. The individual swigs something with alcohol in his mouth (like Scope, or in