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The United States Supreme Court Thursday ruled in favor of a man who appealed his drunk driving conviction because the prosecutor violated the defendant’s constitutional right to confront the witnesses against him. In the original trial on the DWI charges the prosecutor relied on a lab report that alleged the man’s blood alcohol level was above the state’s legal limit.

The prosecutor called a supervisor from the crime lab to testify regarding the results shown on the lab report. The supervisor had not personally conducted the laboratory tests. A separate lab technician had conducted the DWI blood test sample analysis and signed the lab report. The prosecutor said the original analyst was on unpaid leave, without offering any further information.

At trial, the DWI defense objected to the supervisor’s testimony and the results alleged in the lab report on Sixth Amendment grounds. The trial judge overruled the objection and allowed the testimony and lab report. The jury convicted the defendant of driving while impaired.

Justice Ruth Bader Ginsburg, writing for the majority of the Supreme Court, says the surrogate testimony of the lab supervisor could not convey what the original lab analyst knew about the testing procedure at the time the tests were actually conducted. Ginsburg writes, “The Sixth Amendment does not tolerate dispensing with confrontation simply because a court believes that questioning one witness about another’s testimonial statements provides a fair enough opportunity for cross-examination.”

Justice Kennedy offered his dissent, joined by Chief Justice John Roberts, and Justices Samuel Alito and Stephen Breyer. Kennedy writes, “In these circumstances, requiring the state to call the technician who filled out a form and recorded the results of a test is a hollow formality,”

Source: AP via Fox News, “Court says lab analyst must testify to own work,” 23 Jun 2011

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

State officials say that recent car accidents in the area led to a sweep of Greenville Businesses by North Carolina Alcohol Law Enforcement (ALE) agents last week. Pitt County Alcohol Beverage Control (ABC) officers also took part in the sweep. The sweep extended beyond businesses as one private residence was also searched during the three day operation.

Diane Chapin, ALE special agent in charge says law enforcement made 202 arrests for suspicion of underage drinking and other charges during the sweep. An April 14 search of a private residence resulted in a number of charges for four people aged 19 to 20 years old. The charges at the residence include aiding and abetting underage people in obtaining beer and liquor, selling alcohol without a proper permit or license and underage possession of alcohol.

Chapin says college students often throw parties and obtain a cover charge for admission to the party. She says “if you charge anything for alcohol before drinking, you’re selling.” That is the alleged basis for the charges related to selling alcohol without permits or licenses.

ABC violations were also levied during the sweep against three Greenville nightclubs for selling alcohol to individuals under 21 years of age. In addition to the nightclubs, a charge for selling and possession for sale of alcoholic beverages was issued to an individual after a separate business was searched on April 16.

In all, 65 citations were issued for underage consumption. The sweep brought 38 citations for possession of alcohol by 19 or 20 year olds. An additional 37 citations were issued for possession of alcohol by an underage person. Twenty five people were cited for using a fake ID to purchase alcohol or enter a place where alcohol is served.

Under North Carolina law, all of the citations are criminal charges. A conviction for any of the charges becomes part of an individual’s permanent criminal record.

Source: Greenville Daily Reflector, “Wrecks prompt sweep by ALE agents,” Michael Abramowitz 26 Apr 2011

Greenville DUI Attorney Blog | North Carolina Underage Drinking Lawyer | Pitt County First DUI Law Firm

In Florida as in the rest of the country, it is illegal to drive without a valid license. However, law enforcement authorities in Southern Florida note that in many 2010 Florida car accidents, drivers were without valid licenses at the time of the crash. In some cases, drivers were unlicensed but in many cases drivers had suspended licenses because of Florida drunk driving charges or other violations.

Police authorities and experts say that part of the problem is that laws surrounding drivers with suspended licenses has become more lax. In 2008. for example, a law passed by Legislature ensured that repeat traffic offenders would not face jail time for driving without a suspended license or no license at all. Police authorities report being frustrated by the fact that in many cases they cannot press charges in these cases until a lengthy investigation is complete – even though in some cases the suspect continues to drive without a valid license.

Part of the problem, too, may be attitudes. Although everyone in driver’s education classes is taught that driving is a privilege, many drivers have come to see it as a right and a necessity. Some drivers claim that they need to drive in order to get to work or in order to take care of other vital activities, even when they do not have a valid license. Of course, these claims make little sense to the people unlicensed drivers hurt each year in car accidents. Drivers who have no valid license can rely on taxis or public transportation, but many choose to get behind the wheel of a car.

According to Brevard County authorities, in 2010 alone 68 Florida car accident fatalities in the county were linked to drivers driving without valid licenses. These accidents are especially frustrating for the victims. In cases where a driver is driving without a valid license, say authorities, there is often no insurance, either. Unless a car accident victim has uninsured driver insurance, he or she may be forced to pay for any medical expenses out of pocket.

In many cases, injury victims who have been in a car accident with an uninsured and unlicensed driver must take legal action against the driver in order to cover lost income, medical bills, and other expenses associated with the accident. A good Florida personal injury attorney must generally investigate the cause of the accident, the driver’s assets and ability to pay, and many other factors to put together a strong case.

Florida Car Accident Lawyer Blog