November 2019 Archives

How unconscious bias may affect a judge's decisions

Some judges in West Virginia may be guided in their decisions by unconscious bias, and this could hurt defendants. Unconscious bias occurs when one is prejudiced against a group even when this goes against their conscious feelings about the group. Since research suggests that many judges use their intuition more than logic to make judgments, unconscious bias could have a far-reaching effect.

Can you avoid a sobriety checkpoint?

Whether you are attending a University of West Virginia football game, going to a concert or catching up with old friends, you may want to have a few beers or a couple of cocktails. Still, you do not want your otherwise fun evening to turn into a legal nightmare. If you drink and drive, though, you may have to defend yourself aggressively to avoid DUI penalties. 

There may be reason to doubt Breathalyzer results

Breathalyzer test results used in West Virginia may not be accurate. A report from the New York Times found that roughly 30,000 cases were thrown out in New Jersey and Massachusetts over a period of 12 months. Human error is one reason why Breathalyzer results may be incorrect, but the machine itself could simply be defective at the time a test is administered. One police department tried to correct for low results by drilling a hole in their device.

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