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Index »Table of Contents »

Intoxication Test Evidence, 2d

By Edward F. Fitzgerald

Last Updated: 12/15/2011

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Brand: Clark Boardman Callaghan

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Free Update Period: 90 days

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Description

This indispensable text for civil and criminal trial attorneys covers all aspects of alcohol testing and reporting, including post-accident injury and death values. Collection, handling, shipping, testing of specimens, and reporting of results (blood, urine, breath) are all examined in detail.

Features

Detailed analysis of police hospital, laboratory, and expert witness reports
Effective discovery from crime labs and hospitals
Interpretation of the true significance of the alcohol values reported
Post-accident and postmortem alcohol errors and omissions
Testimonial errors of experts
Trial presentation of alcohol test and impairment issues
Winning tips for direct and cross-examination of experts

Summary Of Contents

Part I. Alcohol Consumption, Human Physiology, and Individual Differences
Chapter
1. Introduction
2. The Physiology of Alcohol Consumption
3. Predicting Probable BAC's or Alcohol Amounts: Some Basic Problems
4. Individual Differences and the Single Test Result: The Spanner in the Works
5. Women and Alcohol: Further Evidence of the Importance of Individual Differences
6. The Changing Face of DUI Practice: A Time to Think Ahead
Part II. Some Basic Alcohol Calculations for the Law Office and Courtroom
1. An Introduction to Basic Alcohol Calculations
2. Use of the EZ-ALCâ¢ Computer Program by Attorneys and Experts
3. Office Evaluations of Test Results: Your Pre-Expert Use of Alcohol Math
4. Law Office Management and Technology
Part III. Blood Alcohol Testing and Reporting
1. Blood Alcohol Testing: An Overview of Some Inherent Problems
2. The Conversion of Serum/Plasma Results to Whole Blood Alcohol Values: A Problem Area for Forensic Experts
3. Reading Chromatograms: The "Peak Height" Equation
4. Post-Mortem Alcohol Determinations
5. Retrograde Extrapolation: "Walking Back the Cat" in Alcohol-Test Cases
6. SPECIFIC MATHEMATICAL AND OTHER FALLACIES IN ALCOHOL TEST EXTRAPOLATIONS: THE HEART OF THE MATA
7. The "Peak Area" Equation: Verifying Gas Chromatographic Alcohol Test Results
8. Making Sense of Blood Alcohol Test Reports: The Initial Office Analysis by the Attorney
9. Evaluating the Blood Alcohol Test Case: An Overview for the Trial Lawyer
10. Invalid "Validation" Studies: A Review and Critique of Three SFST Studies
Part IV. Breath Alcohol Testing and Reporting
1. Breath Alcohol Testing: An Overview of Some Inherent Problems
2. Overestimation of BAC by Breath Test Devices
3. Specific Breath Test Devices: An Overview
4. Breath Alcohol Analysis Via Infrared Spectrophotometry
5. The Intoxilyzer and Breath Alcohol Measurements: Infrared Spectrophotometry in Practice
6. Breath Test Simulators: Significance of Deviations
7. Demystifying the Intoxilyzer 5000 by Mary Catherine McMurray
8. Right to Inspect and Test Breath Alcohol Machines 'Suspicion Ain't Proof'
9. The Current State of Breath Testing: The Experts Comment
10. The Critical Limitations of Simulator Results in Breath-Test Cases
11. The Intoxilyzer 8000: Specificity for Ethanol and Possible Contamination of Test Results

Part V. Basic Mathematical and Scientific Concepts, Terms, and Measurements Encountered by Attorneys in Alcohol Testing Literature and Reports
1. Some Basic Alcohol Test Terms and Expressions
2. Putting Some Common Measurement Units Used in Alcohol Cases into Perspective
3. Breath Alcohol Analysis: Some Basic Chemical and Mathematical Concepts Explained
4. The Concept of "Percent Error" in Alcohol Breath Tests: A Comment on Dubowski's "0.025" Subtraction Factor
5. A Facile Approach to Understanding Calculations Involved in Alcohol Cases
6. Skewed Science and Alcohol Law: The Downie Case
7. Replicate Testing: Confirming Reproducibility In Breath-Alcohol Testing
Part VI. Breath Test Results in Criminal Cases: Some Pre-Trial Challenges
1. "Per Se" Violations and Breath Test Limitations Raised in Pre-Trial "Loss of License" Hearing [Transcript]
2. Pre-Trial Appellate Review of Questionable Statutory Language: The Crowell Case
3. The Motion to Dismiss: Some Initial Considerations
4. The Motion to Dismiss: A Practice Example [Transcript]
5. Pre-Trial Challenge of a "New" Breath Test Device [Transcript]
6. Glossary of Terms for Physiology, Pharmacology, and Toxicology of Alcohol
7. Uncertainty in Forensic Breath Alcohol Testing
Part VII. Evaluating Laboratory Procedures: Criminal and Civil Cases
1. Preparation for the Deposition of the Laboratory Technician
2. Taking the Deposition of the Forensic Laboratory Technician, Supervisor or Director
3. Deposition of the Laboratory Technician: The "Second Day"
4. Deposition of Laboratory Technicians: The California Example
5. Taking the Deposition of the Medical Examiner
6. Errors And Omissions In Blood Alcohol Test Cases: Discovery Guidelines For Trial Attorneys
7. Informal and Formal Pre-Trial Interviews of the Forensic Analyst
8. Qualifying the Expert Witness: A Practical Voir Dire
9. Forensic Crime Lab Work Product Quality: Accreditation and Audit Considerations For Trial Lawyers
Part VIII. Preparation and Testimony of the Expert Witness in Alcohol Test Cases
1. Expert Opinions on Post-Accident and Post-Mortem Blood Alcohol Concentrations: When Experts Miss the Mark
2. A. Post-Trauma Alcohol-Test Reports: A Hard Look at Traditional Assumptions of Regularity and Reliability
3. Preparation and Testimony of the Expert Witness
4. The Effective Qualification of Your Expert Witness: Not a Chore-A Real Opportunity
5. When You Prepare to Consult an Expert: "Till the Soil"
6. Examining Biased, Difficult or Evasive Experts
7. The Prosecutor and the Defendant's Expert: Some Suggestions for Effective Cross-Examination
8. The Admissibility of Expert Testimony: The Impact of Daubert, Joiner, & Kumho
9. The Effective Qualification of the Expert Witness: Specific Questions and Answers (Dominick Labianca Example)
10. An Important First Step After Qualification of the Expert: "Define Your Terms"
11. Cross-Examination of Defendant's Expert: Further Suggestions for Prosecutors
12. Cross-Examination of the Forensic Blood Alcohol Expert
13. A. Improper Attacks on the Competency and Integrity of Defense Experts: Time to Draw the Line
Part IX. Checklists
1. Checklists: For Evaluating BAC Evidence in Written Reports
2. Checklists: For Informal Discovery of BAC Evidence (By Telephone, Letter, Visit to Facility, Etc.)
3. List of Figures
Appendices
1. Percentages of Laboratories Reporting Results of "Unacceptable Proficiency"
2. Percentage of Responding Laboratories Having "X"% or Greater of Their Responses Within the "Acceptable" Response Category
3. Summary of "Unacceptable Proficiency" Criteria
4. Blood Analysis
5. Breath Test Evidence: A Brief Overview of Certain Basic Problems
6. Massachusetts General Laws, Chapter 90, Section 24 et seq. (The new "Safe Roads Act") [See "per se" license suspension provisions, Section 24N]
7. 501 CMR 2.00 (Code of Massachusetts Regulations) [New Breath Test Regulations of Office of Alcohol Testing]
8. Report Number One (Swanson)
9. Report Number Two (FBI)
10. Report Number Three (Bohn)
11. Commonwealth v James Crowell Case
12. Rights Form
13. Expert's Request for Computer Chips with Response
14. Simpson's Article and Addendum
15. State v Downie Case
16. Amid concern, state mortuary slated for move
17. Syllabus by Reporter of Decisions
18. Publications by Contributors to Chapter 36 (alphabetical order)

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Intoxication Test Evidence, 2d

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