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MASTERING THE SCIENCE IN OPERATING UNDER
THE INFLUENCE CASES

THE FEBRUARY CONFERENCE IS NOW FILLED TO CAPACITY!
A SECOND DATE HAS BEEN SCHEDULED FOR MAY 16, 2008.

Macaronis Institute for Trial and Appellate Advocacy

Co-Sponsored with:
Committee for Public Counsel Service
Flaschner Judicial Institute
Massachusetts District Attorneys Association

Please Note: This course has already been held.

Date: Friday, February 29, 2008

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:30 PM

Faculty
Schedule/Agenda
Registration Information

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Even experienced litigators can get tripped up when it comes to scientific evidence. This advanced level conference is designed to raise your level of knowledge and trial expertise surrounding chemical testing as it pertains to the prosecution and defense of persons charged with operating under the influence of alcohol and drugs.

You will learn from a toxicologist discussing how the human body metabolizes alcohol, a representative from the State Police Office of Alcohol Testing discussing how the Alcotest 7110 operates and a forensic computer scientist discussing how the Alcotest 7110 measures breath alcohol and converts the measurement to a blood alcohol level. To address drug cases, a Drug Recognition Expert explains the issues surrounding the administration and evaluation of the Horizontal Gaze Nystagmus Test and other issues surrounding the investigation, prosecution and defense of Operating under the Influence of Drugs. Three judges provide you with expert analysis of evidentiary issues regarding the admissibility of breath test results in light of the recent decision in Commonwealth v. Colturi, as well issues surrounding expert evidence as it pertains to OUI trials and drug recognition experts.

This conference is intended for judges, defense attorneys and prosecutors who handle a significant amount of OUI cases. All attendees are assumed to have a basic level of trial experience with OUI cases involving chemical testing, breath test operators and toxicologists.

Attend and Learn:
  • How the human body metabolizes alcohol
  • The reality and reliability of breath alcohol testing
  • The reality and reliability of Drug Recognition Experts
  • How judges are ruling on issues surrounding chemical testing

  F A C U L T Y

  Ed Sharkansky, Esq., Chair
  Brockton, MA
   
  Harvey M. Cohen, Ph.D.
  Director, Cambridge Technical Associates, Needham, MA
   
  Honorable Paul C. Dawley
  Brockton District Court
   
  Sergeant Donald Decker
  Statewide Drug Recognition Coordinator
Marblehead Police Department
   
  Honorable Kathryn E. Hand
  Banstable District Court
   
  Trooper John Jakobowski
  Traffic Programs, Massachusetts State Police
   
  Barbara B. O'Brien
  Director of Operations, Office of Alcohol Testing
Massachusetts State Police
   
  Honorable David Ricciardone
  Worcester District Court
   
  Thomas E. Workman, , Jr., Esq.
  Taunton, MA
   
  S C H E D U L E / A G E N D A

9:00 WELCOME AND INTRODUCTIONS
Ed Sharkansky, Chair



9:10 ALCOHOL IN THE HUMAN BODY
  • What is Blood Alcohol Concentration
  • How Is Alcohol Distributed in the Body
  • Why Do Alcohol Levels Change over Time
  • What Is the Relationship Between Blood Alcohol and Breath Testing
  • What Are the Variables That Affect Breath Testing Results
PANELIST: Harvey M. Cohen



10:00 DRAEGER ALCOTEST 7110MK111C
  • A Nuts and Bolts Discussion
  • Breath Test Demonstration
  • Review of Breath Test Documentation
PANELISTS: Barbara O'Brien and John Jakobowski



10:45 PANEL DISCCUSION AND Q & A

11:00 BREAK

11:15 DRAEGER ALCOTEST: COMPUTER SCIENCE DISCUSSION
  • Conversion of a Breath Sample to a Blood Alcohol Result
  • Discussion of the Breath Test Software Algorithms
  • What Are the Concerns Regarding Breath Test Source Codes
PANELIST: Thomas Workman



12:00 LUNCH (on your own)

1:00 BLOOD DRAWS AND ANALYSIS
  • Appropriate and Reliable Blood Draw
  • Equipment and Protocol for Blood Sample Analysis
PANELIST: Harvey M. Cohen



1:45 DRUG RECOGNITION EXPERT
  • Proving OUI-Drug Cases
  • Admitting the Horizontal Gaze Nystagmus Test
PANELIST: Donald Decker



2:30 PANEL DISCUSSION AND Q & A

2:45 BREAK

3:00 EVIDENTIARY RULINGS ON CHEMICAL TEST EVIDENCE
  • General Challenges
  • Introducing Blood and Breath Test Results
  • What Documents Are Necessary as Exhibits
  • Use of Experts in Extrapolation Arguments
PANELISTS: Honorable Paul C. Dawley, Honorable Kathryn E. Hand and
Honorable David Ricciardone



4:30 CONCLUDE

  G E N E R A L   I N F O

Date:  

Friday, February 29, 2008

Tuition:  

Tuition is $199, $99 for Suffolk alumni, attorneys admitted to the Bar after 2005, CPCS Attorneys and members of the MDAA; $69.00 for 5 or more from the same office.
IF YOU ARE REGISTERING 5 OR MORE YOU CANNOT AT THIS TIME DO IT ON THIS WEBSITE. PLEASE CALL 617-573-8627 TO REGISTER.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

This course will provide CLE Credit in RI, NH, VT & ME



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.




Directions to the Law School.

 

Unable to attend but are interested in the course materials?
Purchase Here!


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