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.
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.