Driving on the Shoulder is not always an offense

For the second week in a row the Court of Criminal Appeals reversed a driving while intoxication conviction based on a bad traffic stop. The case is Lothrop v. State. Mr. Lothrop was behind a car that slowed down at a railroad crossing, and he passed on the shoulder. He was stopped for driving on an improved [...]

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When is a lane a lane – or when should I use my turn signal

The Court of Criminal Appeals recently decided a case based on the definition of what is a lane. You might not think there would be an argument about that, but whenever lawyers get involved there can be an argument about almost anything. The defendant was driving on two lane roadway that merged into one lane. [...]

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What is a resonable bond?

In the beginning the most important consideration for many people is generally bail. In many misdemeanor cases the amount is  fairly low, and therefore easily met. However, in more serious cases the amount of bail may be a significant issue. Whether or not someone remains in jail while there case is pending, or is able [...]

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Changes in Expunction Law

Given the general stance of the legislature on criminal justice issues it might surprise you that they enacted some changes that are actually beneficial to those who have been caught up in the criminal justice system. One of those areas is Expunction, which addressses those situations where someone was arrested but the charges were either [...]

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Attacking the principles of breath testing

One of the benefits of membership in the American Academy of Forensic Sciences is their Journal.  While most articles are about things I can’t come close to understanding, there are few articles addressing issues in criminal cases, including DWI cases. One of those is “Paradigm Shift for the Alcohol Breath Test” by Michael P. Hlastala. [...]

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