Blog - Recent Case Law

The NCDD Blog is for our members to comment on matters of general interest in the field of DUI Defense and to ask general questions concerning the topics posted.   NCDD does not monitor or control answers from the various lawyers (many of whom are regarded as among the best in the country) who may respond and the answers or comments they provide are solely their own.  Responses to questions and comments are not legal advice: they are only the opinions of the lawyer providing the answer or making the comment. No attorney client relationship is formed between the person who posts a question or comment and any attorney who posts an answer or comment. The NCDD Blog is not for the purpose of soliciting legal advice for any specific case and should not be relied upon for that purpose. No lawyer can provide advice for a specific case without far more information than can be included in a blog post.   Furthermore, the NCDD Blog is not to be used in any form, for any marketing, advertising or solicitation by any author.  If you need legal assistance or advice, consult a lawyer in your state. You can find NCDD member lawyers in your State listed under “Find an Attorney” in the menu to the left or at the top of the page. No opinion expressed by an attorney or other person on the NCDD Blog represents the opinion or views of the NCDD.



What It Means to Be Board Certified

Board Certification as a DUI Defense Specialist through the National College of DUI Defense is the most meaningful and significant professional development in my DUI Defense Practice.  I am one of only two (2) lawyers practicing in New Hampshire with the designation and one of only (3) three practicing in Massachusetts with the designation. Prospective clients, colleagues and friends ask me, “what does the Board Certification mean?”  I tell them that following a rigorous ...read more

How the NCDD Board Certification Exam Became ABA Approved. By Steve Oberman.

Our Board Certification Committee is often asked how the NCDD Board Certification Program came to be approved by the American Bar Association (ABA). In response to this query, allow me to provide a historical perspective.

 

In the mid-1990s, the NCDD made a historical commitment to create a Certification Program and focus on the promotion of Board Certification for DUI Defense across the nation. This need was necessitated by the concern for those accused of DUI who were (and ...read more

3 Tips For Preparing To Take The Board Certification Exam

If you are considering taking the Board Certification examination, congratulations! You are taking a huge step forward in the quality of representation that you provide to your clients. You are making a huge investment in what type of lawyer you want to be. That is a great thing. So, I want to provide you with 3 simple tips that I believe will benefit you greatly in preparing for the exam. 

 

  1. It is never to early to begin compiling your application materials. Gathering ...read more

Are Field Sobriety Tests a Search?

I have an appeal pending that addresses, in part, the State’s ability to comment upon the Defendant’s right to refuse a warrantless search. Georgia has well-established case law that precludes the State from commenting upon a Defendant’s refusal to submit to a warrantless in “traditional” criminal cases, and I thought, perhaps naively that this rule should be extended to DUI suspects who are asked ...read more

Why You Should Take NCDD's Board Certification Exam

Why Take the Board Certification?

 

For many years, I was of the opinion that I didn’t need to take the Board Certification test. Oklahoma didn’t recognize certification. I have never been asked by a potential client about it. I was competing for and signing up cases without it. I took the bar exam and wasn’t taken any more exams. I had lots of reasons why I didn’t need it.

Truth was that I wasn’t up for the challenge. Was I really good enough ...read more

The Great Dichotomy of Birchfield v. North Dakota

There are various aspects to the United States Supreme Court’s recent holding in Birchfield v. North Dakota (2016) ___ U.S. ___ (Docket No. 14-1468) that trial and appellate courts will have to address in future cases. A couple of them derive from the following two paragraphs in the opinion:

“It is true that a blood test, unlike a breath test, may be administered to a person who is unconscious (perhaps as a result of a crash) or who is unable to do what is needed to take a breath ...read more

NCDD Members Gerstenzang and Epstein To Serve as Legal Defense Experts at Roundtable Discussion Held at the Department of Transportation Conference Center in Washington

Peter Gerstenzang and Steven Epstein Will Serve as Legal Defense Experts at an August 24th Roundtable Discussion Held at the Department of Transportation Conference Center in Washington, D.C.

 

Two NCDD members, Peter Gerstenzang and Steven Epstein, will ...read more

MADD the Interlock and the Future of DUI Defense

MADD, the Interlock Industry, and the future of DUI/DWI offenses


I have the advantage after nearly forty (40) years professional life in criminal justice of seeing both sides of the equation involving DUI enforcement and DUI defense. In the first part of my adult life, I was a state trooper and saw the early stages of the “war on drunk driving” or “war on drunk drivers” (take your pick)…in the early 1980s, the concern really was “drunk driving” ...read more

DWI/DUI Marijuana


http://duinewsblog.org/2013/03/13/dwidui-marijuana/



This news article demonstrates the fervor of law enforcement to get a DWI/DUI even when there is no evidence. A person may show from a toxicology screen that they may have THC in their system with no evidence of impairment at the time of driving (some of these tests may show positive if the person smoked in the last 6 weeks).  Scary stuff.

read more

In State v Moore South Carolina Court of Appeals Issues a Significant Opinion in the Field of Traffic Stops and Search and Seizures


http://www.upstatedui.com/dui-blog/in-state-v-moore-south-carolina-court-of-appeals-issues-a-significant-opinion-in-the-field-of-traffic-stops-and-search-and-seizures/

CCase Name: State v Moore (South Carolina Court of Appeals,

Opinion No. 5160; filed July 17, 2013)
FACTS:

Officers Dale Owens, Donnie Gilbert, Ken Hancock and K-9 Deputy Jason
Carraway, all of the Spartanburg County, Sheriff’s Office) were patrolling US Interstate-85
in Spartanburg County around 1:00 a.m.  Owens observed the defendant
(Ashley Eugene Moore), traveling an estimated 10 miles an hour over the posted
speed limit.  ...read more

California Supreme Court holds that partition ratio evidence is admissable to challenge charge of driving under the influence of alcohol

The California Supreme Court has joined a handful of other courts in the country that have said Breathalyzer results mean different things for different people and ruled that suspected drunken drivers can attack the test results in court.


Defense attorneys lauded Thursday’s unanimous ruling for deferring to science, which has shown for years that the test results are highly variable. Prosecutors, however, predicted the move will undermine California drunken driving cases.


At ...read more