Defendant in Motor Vehicle Accident Files Motion In Limine to Exclude BAC Evidence – Nice Try.

18 Wednesday Mar 2015

Posted by Celia C. Elwell, RP in Admissibility, Evidence, Expert Witness Report, Expert Witnesses, Forensic Evidence, Litigation, Motion in Limine, Motions in Limine, Motor Vehicle

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Autopsy Report, BAC Evidence, Daniel E. Cummins, Motion in Limine, Motor Vehicle Accident, TortTalk Blog

Admissibility of BAC Evidence Requires Proof of Intoxication, by Daniel E. Cummins, TortTalk Blog

http://www.torttalk.com/2015/03/admissibility-of-bac-evidence-requires.html

(Please contact Daniel Cummins at dancummins@comcast.net if you wish to review a copy of this opinion.)

In his recent February 9, 2015 Opinion in the case of Ritter v. Van Campen Motors, Inc., No. 12-00,379 (C.P. Lycoming Co. Feb. 9, 2015 Anderson, J.), Judge Dudley M. Anderson addressed Motions in Limine pertaining to DUI evidence filed by a Defendant in a motor vehicle accident case.

According to the Opinion, this matter involved a motor vehicle accident during which each party claimed that the other driver crossed the centerline resulting in the fatal accident. Accident reconstruction experts offered by each party came to opposite conclusions.

The Defendant filed a Motion In Limine to preclude evidence that the Defendant driver had a BAC of .257 at the time of the accident as confirmed by an autopsy report, testimony that the Defendant had been drinking prior to driving that day, and evidence that there was beer in the Defendant’s vehicle at the time of the accident. The Defendant contended that the BAC evidence was inadmissible absent proof of intoxication. . . .

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Craig Ball On Being A Digital Forensic Witness.

03 Monday Mar 2014

Posted by Celia C. Elwell, RP in Affidavits, Cross-Examination, Depositions, Direct Examination, Discovery, E-Discovery, Evidence, Exhibits, Expert Witness Report, Expert Witnesses, Experts, Forensic Expert Witness, Hearsay, Legal Technology, Legal Writing, Trial Tips and Techniques

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Affidavits, Ball In Your Court Blog, Craig Ball, Depositions, E-Discovery, Evidence, Expert Witness Report, Forensic Expert Witness, Trial Tips & Techniques

Becoming a Better Digital Forensics Witness, by Craig Ball, Ball In Your Court Blog

http://tinyurl.com/kgm8epj

I love to testify—in court, at deposition, in declarations and affidavits—and I even like writing reports about my findings in forensic exams.

I love the challenge—the chance to mix it up with skilled interrogators, defend my opinions and help the decision makers hear what the electronic evidence tells us. There is a compelling human drama being played out in those bits and bytes, and computer forensic examiners are the fortunate few who get to tell the story. It’s our privilege to help the finders of fact understand the digital evidence.[1]

This post is written for computer forensic examiners and outlines ways to become a more effective witness and common pitfalls you can avoid. But the advice offered applies as well to almost anyone who takes the stand. . . .

. . .