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DUIs Are Defendable

It continues to distress me that people plead guilty to DUIs, or get convinced to plead guilty by lawyers who don't know what they are doing, solely because of the uninvestigated BAC results.

Those numbers mean nothing if they are not valid or are not lawfully obtained. There is much to attack regarding BAC numbers, both breath and blood, and simply because the government says one has a certain BAC %age is no more presumptively valid than is anything else government tells you.

Was the stop lawful? Was the collection lawful? Was the collection forensically valid? Was its preservation and retention forensically reliable? Were those things investigated? That is just the thumbnail beginning of what should be a searching scrutiny of evidence against a person charged with what is increasingly a political crime, drunk driving. Demand that your attorney look into everything. What does Becton/Dickenson say about sodium fluoride? Does your attorney know? The answer could doom most government DUI blood prosecutions.

Don't cave in to the governmental juggernaut about drunk driving any more than you would to any of its other invasions of your liberty and safety.

Michael Kennedy

Admitted to Bar, State of California, 1981 Education: Widener University, Chester, Pennsylvania (B.A., 1970) Southwestern University School of Law, Los Angeles, California (J.D., Scale, 1981) Harvard Law School, Program of Instruction for Lawyers, Cambridge, 1987

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