The DUI Closing

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    The DUI Closing - Presentation Transcript

    1. Government v. Catherine
    2. The U.S. Constitution
      • Why is it such a powerful document?
    3. ONE VOTE COUNTS ONE OPINON COUNTS
    4. Your vote and the process is fully protected by:
      • Judge Michael Donner
      • Deputy David Majestic
    5. The U.S. Constitution
      • REASONABLE DOUBT—This means No reasonable juror has a single doubt.
      • Clear and Convincing evidence is not enough!
    6. The U.S. Constitution
        • The Defense does not need to prove their defenses beyond a reasonable doubt or rebut anything!!!
    7. HYPOTHYROIDISM
        • It was the government’s job to prove that Hypothyroidism did not affect the FSTs
        • They did not!
        • It was the government’s job to prove breath results were accurate. They were actually shown to be unreliable and Dr. Hlastala stated the client’s BAC was 0.04. We have heard no other evidence of a higher BAC.
    8. DOJ Expert
      • All of his testimony of Catherine’s BAC was based on an assumption… that she was in the post-absorption phase.
      • We cannot use assume someone guilty.
      • Further, his own reports show a margin of error of .01 or .02 on 7 of the 10 tests taken around the time of Katie’s test.
    9. The State’s ‘so called’ expert on any matter that helps the citizen accused
      • The DOJ was given every opportunity to show his neutrality and lack of scientific bias, and this is how he behaved:
    10. Hear no evil. Speak no evil . See no evil.
    11. He brought his own impairment chart
      • He never showed you the chart by the real authority with a Ph.D. and research to back it up, Dr. Kurt Dubowski.
      • You now have the Dubowski chart
    12. Pretended he never heard of the breath conversion ratio
      • Breath-Alcohol x 2100 = BAC
    13. WHAT HAS BEEN PROVED?
      • DOJ Expert:
        • N ot a Doctor , no advanced degree, and not employed at any medical school.
          • She would be out a job if she agreed with Dr. Hlastalla
        • DOJ Expert has ONE peer reviewed article .
        • DOJ Expert has not qualified as an expert on breath testing in 30 states.
          • Only called by prosecutors on breath cases.
    14. THE TESTIMONY IN THIS CASE
      • Dr. Michael Hlastala:
        • Breath test not accurate or reliable.
      • Dr. William Wilson: Catherine only had 2 8 ounce glasses of wine over 4 hours.
      • Dr. Hlastala says she would have a 0.04 BAC
    15. Katie’s driving: The government never asked why she weaved.
      • Adjusting GPS?
      • Reaching for phone?
      • Reaching for Blue Tooth?
      • Adjusting Radio?
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    The DUI Closing

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