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DWIs often turn on the “blow.”
Our legislature wants our triers of fact to accept the numbers that come out of this machine/instrument so badly that they wrote it into the statute. Our Courts determined that in doing so, the legislature was merely codifying the common law threshold for prima facie evidence of a defendant's alcohol concentration. The trier of fact remains free to accept or to question the EC/IR II, making it one of the key battlegrounds in DWI cases.
Does this work? If so, how?
February 02, 2018
NC State Bar
Mandatory Continuing Legal Education (MCLE) and Certified Paralegal Education (CPE) (Total): 1.00
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