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.
