Page 2 of 2 FirstFirst 1 2
Results 11 to 13 of 13
  1. #11
    Join Date
    Oct 2015
    Location
    California
    Posts
    169

    Default Re: Alcohol Absorption and Blood Testing

    Quote Quoting cdwjava
    View Post
    Through testimony and evidence - just like any other case.

    Sorry, but the law has consistently allowed proof from a single witness or investigator. It is up to the trier of fact (a judge or a jury) to weigh the evidence and determine if the burden of proof is met.
    I said nothing about what is "allowed". I said that any felony or misdemeanor case in which the only evidence is the testimony of a single witness is extremely weak. As it should be.

    Quote Quoting cdwjava
    View Post
    Well, yeah ... and based upon a quarter century of observation and sharing experiences with officers and court personnel throughout CA on a regular basis. So, I'm pretty confident of it.
    Let's put a number on it, shall we? How many times have you personally witnessed a traffic court judge denying traffic school to an otherwise eligible defendant (i.e., no traffic school in the preceding 18 months, a offense eligible for traffic school, etc.) after (s)he has lost a case? And how many times did the judge allow it?

    My own eyewitness account is 5 to 10 cases when it was allowed, and none when it was not. In the interest of fairness and accuracy, all of these were in SF Bay Area.

  2. #12
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Alcohol Absorption and Blood Testing

    Quote Quoting thewiseone
    View Post
    I said that any felony or misdemeanor case in which the only evidence is the testimony of a single witness is extremely weak. As it should be.
    Actually, sometimes cases that turn on the evidence of a single witness are extremely compelling.

    You have observed five cases, maybe more, maybe no more, where it came up; Carl will have long ago lost count of how many cases he's seen.

  3. #13
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Alcohol Absorption and Blood Testing

    Let's see ... traffic court ... hmmm ... how many HUNDREDS of cases have I seen in 25 years? In multiple courts in multiple counties with multiple judges ... far more than the few you have seen in one region, I'd venture to guess. I also speak with professionals from other counties where said practices (denying traffic school after a losing trial) are commonplace. Note I did NOT state that such practices were universal, nor that it was common practice among all courts or judges. As with most sentencing matters, this practice is subject to local policy and discretion of judges and pro tems.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Drunk and Impaired Driving: What is the Possibility of an Impaired Driving Charge When Your BAC is Zero
    By Sean Kerrigan in forum Drunk and Impaired Driving Charges
    Replies: 4
    Last Post: 12-14-2015, 06:28 PM
  2. Drunk and Impaired Driving: Representing Yourself for an Impaired Driving Charge
    By Maver1ck in forum Drunk and Impaired Driving Charges
    Replies: 4
    Last Post: 04-09-2014, 10:32 AM
  3. Post-Conviction Relief: Unfairly Convicted of Impaired Driving
    By MyWorld2 in forum Criminal Procedure
    Replies: 4
    Last Post: 07-15-2013, 10:31 AM
  4. Drunk and Impaired Driving: Impaired Driving Arrest in Las Vegas
    By homerj in forum Drunk and Impaired Driving Charges
    Replies: 11
    Last Post: 12-30-2011, 09:46 PM
  5. First offense impaired driving in Canada
    By joanne in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 01-04-2006, 05:41 PM
 
 
Sponsored Links

Legal Help, Information and Resources