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Articles Posted in Breath testing

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Daily Record: “Md. lawmakers plan bill to close ‘Noah’s Law’ loophole”

As the Daily Record reported yesterday (Jan. 23, 2019), a bill will be introduced in the Maryland legislature to expand Noah’s Law (named after Noah Leotta – a police officer killed by a drunk driver) to require an ignition interlock be installed as a condition of a probation before judgment. …

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Stamm argues Owusu v. MVA at the Maryland Court of Appeals

On Wednesday, September 12, 2018, Leonard Stamm appeared in the Court of Appeals to argue the case of Owusu v. MVA.  Owusu was arrested for drunk driving and taken to the police station.  At the police station he was read the DR-15 Advice of Rights Form.  This is a form…

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MVA v. Styslinger – if you refuse you can be suspended – even if you weren’t driving

The Court of Appeals recently held that even though implied consent to blow is only given by persons who drive or attempt to drive, it is sufficient to suspend a driver’s license or privilege to drive if the officer  merely has “reasonable grounds to believe” the person was driving. The…

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National College for DUI Defense and Texas Criminal Defense Lawyers Association conclude successful Mastering Scientific Evidence seminar in New Orleans

Last week, on March 22 and 23, 2017, the National College for DUI Defense and Texas Criminal Defense Lawyers Association successfully concluded their jointly sponsored annual Mastering Scientific Evidence seminar in New Orleans. Speakers included Robert Hirschhorn on Winning Voir Dire in Breath, Blood & Accident Cases, Amber Spurlock on Mining for…

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NCDD and NACDL wrap up a successful conference in Las Vegas

The National College for DUI Defense (NCDD) and the National Association of Criminal Defense Lawyers (NACDL) just wrapped up their annual Las Vegas seminar.  As usual, it was well attended and the presentations were very informative. The conference featured presentations on Thursday, September 22, on cross-examination by Jim Nesci; accident…

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NCDD Summer Session hits it out of the park

The National College for DUI Defense (www.ncdd.com) just completed its annual summer session held in Cambridge Massachusetts.  The session featured large lectures, small lectures, breakouts, and small elective seminars. Topics covered included Cross-Examination of the Arresting Officer by Marj Russell of the Gerry Spence Trial Lawyer’s College; Cross-Examination break out; Handling the…

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The Incredible Shrinking Fourth Amendment

The Supreme Court decided two Fourth Amendment cases this week that diminish our freedom from police searches.  The Fourth Amendment says: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue,…

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The Supreme Court considers whether breath tests require a search warrant

Today the Supreme Court heard oral argument in the cases of Birchfield v. North Dakota, 136 S.Ct. 614 (2015); Bernard v. Minnesota, 136 S.Ct. 615 (2015); and Beylund v. Levi, 136 S.Ct. 614 (2015). Leonard R. Stamm, along with Donald Ramsell and Jeff Green, co-authored an amicus brief filed on behalf…

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Senate and House Compromise on Noah’s Law: Ignition Interlocks NOT Required on All First Offenders

If you have been following the news lately you have heard that Maryland has joined the states that require interlocks in all DUI cases, even for first offenders blowing under 0.15.  For example, see Md. lawmaker: Slain officer Noah Leotta ‘is still on the job’ in the Washington Post.  However a…

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