The Johnson & Johnson DUI Newsletter
Issue 3, January 2014
Defending clients against DUI allegations
Most DUI cases require a scientifically driven defense.
Most DUI investigations involve either blood being drawn
or a breath test being taken. Some of the issues that arise
regarding blood testing are addressed here. Most people
(and unfortunately many “DUI” Lawyers) generally believe
that if you take a blood test in a DUI investigation the results
of an analysis of the blood are highly accurate and not
subject to contest. Nothing could be further from the truth.
This perception is not reality and simply stems from a lack
of knowledge. READ MORE >
Issue 2, January 2011
Necessity to drive while under the influence?
Most states, if not all, allow a jury to be instructed on
Necessity as a defense to a crime. This is a difficult instruction
to apply in a DUI case but appropriate to some facts.
The defense usually requires that there be a threat to the
individual or another person that the defendant sought to
alleviate by conduct that would have otherwise been illegal.
This is sometimes referred to as the “lesser of two evils”
defense. READ MORE >
Issue 1, November 2010
Professional license endangered by a DUI
“David” (not his real name) is a driver for a public transit
agency and has done so for many years. It’s a good job, pays
well, is stable and allows him to support his family. One day,
he made an unfortunate mistake on his personal time. David
came to us with a pending DUI Charge. It was imperative
David win both his DMV administrative hearing and his DUI
court case. As a professional driver, losing in either forum
would cost him his job and his career. READ MORE >