62. Attacking the Per Se Limit with Matt Davenport - a podcast by James "Jake" Minick

On today’s podcast we continue our 5-part series on Attacking Breath Testing. In this fourth part of this series, Matt Davenport talks about the “deemed sufficient” language of 20-138.1 and his case of State v. Narron in which he challenged this language. Matt is a former Pitt County prosecutor and has been involved in organizing and/or teaching more than 25 CLEs on DWI in North Carolina.  

 

Highlights:

• Hear Matt discuss the facts and legal challenges he presented in State v. Narron.
• Get a behind the scenes look at the legislative development of the “deemed sufficient” language and uncover why this phraseology is so problematic in the context of a criminal prosecution.
• Learn how to address the confusion caused by the “deemed sufficient” language with jury instructions and during closing.
• Discover the technique Matt uses to show the error rate on a breath test.

Further episodes of The NC DWI Guy

Further podcasts by James "Jake" Minick

Website of James "Jake" Minick