Description

On today's podcast we continue our 5-part series on Attacking Breath Testing. In this third part of this series, James Nescijoins the NC DWI Guy to reveal how to use basic math principles to attack breath machines. James Nesci has been board certified by the National College of DUI Defense since 2001 and served as the College's Dean during the 2016-2017 academic year. Mr. Nesci often defended cases well into the .30 blood-alcohol range. He was one of the lead attorneys on the Intoximeters RBT-IV breath-testing issue in Southern Arizona which resulted in the suppression of breath tests in over 7,000 cases. He is one of only a handful of attorneys in the country who has ever held a DOT-Compliant Permit to operate an Intoxilyzer 8000. Mr. Nesci owns both an Intoxilyzer 8000 which he regularly used for in-court demonstrations and for research purposes before he retired.

Highlights:

• Discover the Nesci Extrapolation Argument and how to use this math concept to show the jury the true sample size being tested by a breath machine and how this small sample is then multiplied to get a reported alcohol concentration.
• Learn why language is so important for the jury and how to carefully select your words, for example using "estimate" instead of "result" every time you reference the numerical BAC.
• Uncover some of the biggest problems that Mr. Nesci has discovered with breath testing and how to exploit these issues with a jury.
• Uncover some of the best trial tactics for attacking breath machines from a warrior who lived and breathed for courtroom battle during his carrier.