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California Supreme Court: DUI Defendant Permitted to Defend Self With Truth

By Lawrence Taylor

I’ve expounded on this blog at great length in recent years on the unreliability and inaccuracy of the various machines used to measure the breath of citizens accused of drunk driving.  See for example,  "Trial by Machine "– But How Good Are the Machines?.  I’ve also blasted the unconstitutional laws of most states which presume the accuracy of these machines.  See If You Can’t Prove It, Make the Defendant Disprove It.   In many cases, as in my home state of California, the defense is even prohibited from offering critical scientifically-accepted evidence of the machine’s defects.  See DUI and the Presumption of Guilt. A classic example of this law-trumps-science is the banning of evidence of partition ratio...continue to full post

Full post as published by DUI Blog on July 10, 2009 (boomark / email).