Using Expert Witnesses in DUI Cases

Use of Expert Witnesses in TrialAcross the nation, there are several expert witnesses that can help a person accused of driving while intoxicated procure favorable results and even a not guilty verdict.  Drunk driving cases are frequently science-based defenses.  For instance, a simple reading of .17 on a Datamaster does not actually mean that a motorist was twice the legal limit just because .17 is a bigger number than .08. Rest assured that the prosecutor's repeated arguments will focus on trying to convince a jury that seventeen is greater than eight, avoiding the science like a plague.  

"To qualify an expert witness and demonstrate her expertise to the judge and jury, introductory questions should focus on her professional background and seek to accomplish two goals: (1) demonstrate to the judge that the expert possesses at least the minimum qualifications to give opinion testimony on a particular subject; and (2) persuade the jury (or fact finder) that the expert’s judgment is sound and that her opinion is correct.  As a 'rule of thumb: the introductory material must either foreshadow an argument that is consistent with a theory of the case or make the witness someone with whom the jury can identify.' A primary goal of qualifying the expert is eliciting testimony that he has the requisite 'education, skill, or training to qualify as an expert.' It is also good practice to obtain an expert whose knowledge can be derived from formal as well as practical experience.These factors should be considered along with the fact that jurors must be able to identify with the expert."  See, http://www.courts.ca.gov/documents/DirectofExpert.pdf

William Maze is available to consult on drunk driving cases, and he has been qualified and testified as an expert witness in field sobriety tests and roadside drunk driving detection procedures.  He is also qualified to discuss how the Datamaster operates, along with technical problems and issues that arise in the area of breath testing.  Note, however, that at least one judge has refused to permit Mr. Maze to testify, saying, "but he's a defense lawyer, right?"  That same judge expressed no problem qualifying a police officer as an expert witness for the prosecutor, and the judge never paused to ask, "but he's a police officer, right?"  This tends to reveal that -- at least with some judges -- there is a reluctance to keep the playing field level in drunk driving prosecutions.  

The science and analysis should not change depending on what side of the fence you stand on in a drunk driving case.  But in reality, courts in many jurisdictions are openly hostile to defense experts while the same judges routinely qualify lab monkeys from the Michigan State Police Toxicology Unit in every area with a rubber stamp.  This includes outrageous cases where the "forensic scientist" has had his or her first exposure to the subject matter in a single article that was skimmed over on the drive from Lansing.  Unlike the MSP forensic scientist, William Maze is available as an expert in DUI cases to both the defense as well as the prosecution because the science and analysis does not mutate in his world. 

With that said, however, William Maze is primarily a defense lawyer, and he is busy defending his own cases.  He fills the void where the citizen accused cannot afford to fly an out-of-state expert into Michigan.  For people accused of driving under the influence who can afford the nation's best expert witnesses in DUI cases, we encourage you to use the following experts in their respective fields:

Tony Corroto - 404-906-2153 from Atlanta, Georgia.  Field Sobriety Tests and Roadside DWI Detection

DRE and SFST instructor of instructors

Anthony D Palacios 678-566-3787 from Alpharetta, Georgia.  Field Sobriety Tests and Roadside DWI Detection - DRE and SFST instructor 

Dr. Ron Henson - 309-360-5614 from Illinois.  Breath Testing, Blood Testing, Field Sobriety Tests, Pharmacokinetics & Pharmacodynamics of Alcohol

Mary McMurray 608-772-1055 from Wisconsin.  Breath testing. 

Dr. Michael Hlastala 425-280-7319 from Washington State.  A bit expensive to bring into Michigan from across the county, but Hlastala is the nation's preeminent expert in breath testing.  Has also conducted extensive research into the statistical background of the NHTSA SFST battery.

Dr. Fran Gengo 716-250-2000 from New York.  Like Hlastala, a bit expensive to bring into Michigan, but Gengo is a preeminent expert in Pharmacokinetics & Pharmacodynamics of Alcohol.

Dr. Dennis Simpson from Western Michigan University.  We do not routinely use Dr. Simpson because he is widely used by other Michigan lawyers.  As a result, his testimony tends to get shared by prosecutors on a regular basis.  Has published research regarding long-blow and short-blow studies on breath testing.  Also teaches the SFST battery to police officers. 

Rocky Mountain Instrumental Laboratories We use Dr. Bob Lantz' team at RMI to re-test our blood samples.  He is originally from the Detroit area but has been out in Colorado for many decades.  

Platt & Associates  Lance Platt, like Tony Corroto, is a DRE and an SFST Instructor of Instructors.  From Texas, where the airfare can get a bit pricey. 

Forensic Gait Analysis Group Dr. Paul N. Greenberg and Dr. Clark Miller are podistrists and medical doctors who can perform a complete write-up on a client's gait, i.e. how the person walks.  In the 1997 Florida "validation" study done by NHTSA, 76% of sober individuals tested on the Walk and Turn test failed it, even though NHTSA claims that the WAT will accurately predict intoxication 68% of the time.