Gambone Law's online newsletter for November 2018
Gambone Law
Licensed in Pennsylvania and New Jersey
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November 2018
KnowWhere Your Defense Lies Gas Chromatography vs. Enzymatic Method
A large percentage of our criminal defense practice in Pennsylvania and New Jersey involves DUI and DWI. In Pennsylvania, blood evidence analysis is a critical element in any case involving or pertaining to drunk driving and related felony offenses, which include aggravated assault by DUI and homicide by DUI. There are two most common methods used to analyze blood: gas chromatography and the enzymatic method. Gas Chromatography (GC) For forensic purposes, GC is the most widely used technique because it’s the most reliable. This method, also known as separation science, uses an instrument that separates mixtures of molecules based on their chemicals and/or physical properties. Individual substances, such as ethanol, are quantified by
liquid and headspace. Liquid GC measures the actual liquid sample introduced into the device, whereas headspace measures the vapor, making it the less precise and indirect analysis. Both liquid and headspace GC can measure volatile substances such as methanol, acetone, and two-propanol (isopropanol). vessel, a volatile substance present in the vapor above the liquid will exist in the same concentration as the respective liquid below it. The major difference between Headspace GC and Liquid GC is that with the Headspace method, only volatile substances are analyzed, so the potential universe of interference is drastically limited. What Is a Chromograph? Chromatography produces a chromograph, which is a graph that shows each molecule as it makes contact with the detector within the device. Since different kinds of molecules burn or ionize at different rates, the graph will have a series of peaks between the time it takes for a peak to appear. The known samples of ethanol are then compared to the chromograph for the unknown sample. If a peak appears Headspace GF operates under the principal of Henry’s Law, which states that within a sealed
While hospitals and laboratories conduct ethanol determinations, they typically perform tests on serum rather than whole blood. Hospitals use the enzymatic method instead of the GC method. The primary purpose of utilizing the enzymatic method is to obtain the quickest results. It can take up to 8 hours to obtain results for the GC method, whereas the enzymatic method will take approximately 20 minutes. However, the enzymatic method is less exact and accurate than the GC method, with an average deviation of 10–20 percent, as well as a lack of specificity for isopropyl and butyl alcohols. If the prosecution intends to introduce evidence of BAC from the enzymatic method, it must use a conversion factor, since this method tests serum as opposed to whole blood. Serum vs. Whole Blood The difference between serum and whole blood is that serum is the fluid portion of whole blood. This fluid remains after the whole blood has clotted and the clot is removed (typically by centrifugation). Because plasma and serum contain no cellular solids, they contain a relatively greater content of water than whole blood does. This is important because plasma and serum, with a water content of 95 and 97 percent, will contain more ethanol than whole blood, which is approximately 85 percent water. This is why there is a 10–15 percent difference between whole blood and serum. For more information on DUI defense in Pennsylvania and DWI defense in New Jersey, I encourage you to visit my blog at gambonelaw. com/blog, and check out my free download section.
measuring the size of peaks on a calibration
curve. There are two types of gas chromatography:
in the unknown sample at the same time that the peak appears in the known ethanol sample, then the unknown blood sample likewise contains ethanol. The area underneath the peak represents the concentration, which is critical in determining the accused’s blood-alcohol content (BAC). The area of the peak is then compared to three known ethanol standards, which are plotted on a graph known as the calibration curve.
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–Alfonso Gambone
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Skip the Sales and Have Some Pie 3 Reasons Black Friday Isn’t Worth Your Time
The day of chaos will soon be upon us. In a few weeks, Americans will leave their homes with bellies full of turkey to descend upon retail stores in the feeding frenzy that is Black Friday. Sure, it’s a bit stressful, but with all the great sales and gift-giving holidays on the horizon, Black Friday is the best day to knock out that shopping list, right? Not really. Here are a few reasons why you shouldn’t bother with Black Friday. You Want the Lowest Prices If you’re waiting to get the best deals of the year, Black Friday probably isn’t the day to go out. While stores may offer one special item at an outrageously low price, the rest of the sales can’t compete with other times of the year. Headphones are cheapest in August, vacuums are more affordable in April, and if you’re shopping for the holidays, keep in mind that toys will be priced at their lowest 10 days before Christmas. You Want the Best Brands Here’s an insider secret: Most stores get new inventory to advertise specifically for doorbusters and Black Friday sales. New TVs at 75 percent off will get lots of people in the door, but those televisions aren’t the best brands. If you need a cheap dormTV, then Black Friday is your day. But if you want a quality television to show off your 4K Ultra HD copy of “Avengers: InfinityWar,” you’re better off waiting until after the NewYear.
You Want to Save Money It’s hard for people to say no when they’re afraid they’ll regret not jumping on a deal when they had the chance. So they grab the $750 laptop because it’s $200 off, buy some new winter coats because they’re four for the price of three, and fill their cart with other incredible sales. Do you need 10 HDMI cables? Of course not. But when they’re on sale for $2.99 each, how can you say no to that bargain? If there is a specific item you want that’s on sale during Black Friday, like those cute department store boots or a PlayStation 4, then by all means get out there early and take advantage of the deal. But if you have a long shopping list, want to save money in the long run, or don’t know what you’re after, Black Friday isn’t worth the stress.
3 True Crime Shows You Have to See There’s a genre of entertainment that many Americans are afraid to admit is their secret obsession. It’s as if you’re hiding a secret that you desperately want to confess, but you’re afraid of the judgment and concerned looks from your friends. Then one day, you muster the courage to casually mention a docu-series you watched — hoping for absolution but concerned the jury won’t understand — and the floodgates open. Suddenly your closest friends and family have passionate opinions on the justice system and can tell you they know exactly who murdered who and how. Deep down inside, everyone loves a good mystery. Here are three of the best. ‘Making a Murderer’ feels like the most maddening game of ping pong ever played — in any given episode, your view may bounce from one polarizing opinion to another. After watching 10 mind- bending episodes of Steven Avery and his attorneys going back and forth during the trial, you’ll have questions that demand answers. So many, in fact, that Netflix has confirmed the production of a second season and a spin-off series titled “Convicting a Murderer.” ‘The Jinx’ Forty years of conflicting reports on three to one bone-chilling conclusion that will make your jaw drop. ‘The Staircase’ Did Michael Peterson kill his wife? Did the American justice system tear apart the dream it so righteously attempts to protect? What is considered fact in a murder trial? These are just a few of the questions you’ll contemplate as you go on a 16-year journey told over 13 gripping episodes. Questionable expert testimony and crime scene evidence are juxtaposed with a competent defense team and a convincing defendant, making for a story that begs MOVE OVER, SITCOMS, THERE’S A NEW TREND IN TOWN
murders make for one compelling HBO series. Robert Durst goes under the spotlight after speaking for the first time about the death of three people connected to him. A web of lies, convolution, and gritty storytelling comes
viewers to take sides. In the end, the only fact you’ll know to be true is that you can’t trust your intuition.
Directors Laura Ricciardi and Moira Demos take viewers through an experience that
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A QUICK WORKOUT Prepare Yourself for the Thanksgiving Feast
When you’re in the kitchen cooking your signature dishes for Thanksgiving dinner, you might find yourself with short periods of nothing to do. While you wait, why not fit in a quick workout? Exercising for 30 minutes will
exercises you can do in your kitchen, dining room, or living room while your feast cooks. Do each exercise as many times as you can in a minute, and just like you did in the warmup, repeat each set three times.
help ease any anxieties you may have — perhaps about getting those side dishes just right, or about your in-laws, who will soon be seated at your table. To start off, you’ll need to warm up. Keeping the oven in sight and the timer well within earshot, take a few minutes to loosen up your muscles. Jog in place, do some jumping jacks for a minute, or jump in place for 45 seconds. Warmups often consist of these basic exercises, but one set of each won’t be enough. To make sure your body is completely warmed up, repeat each set at least three times.
While in your squat stance, there are several things you can do. For 30-second intervals, put your arms out in a “T” formation and move them up and down in small pulses. Then move your arms out in front of you and return to the “T” shape. Raise your arms up over your head and clap, and then return once more to the “T” formation. Rotate your arms in backward circles, switch to forward arm circles, and finish up by holding your squat for an additional 30 seconds.
This 30-minute exercise routine is great for before, during, and after your Thanksgiving
meal prep. You don’t have to wait around all day for things to finish up — occupy your downtime with short exercises to keep your heart pumping.
After you’ve warmed up, it’s time to start the workout. Squat jumps, ski jumps, pushups, plank crawls, and holding a squat stance are easy
Vaporized Marijuana Recently, Pennsylvania legalized another formof medical marijuana. The Commonwealth has expanded the available forms of this drug treatment to include dry leaf, which was already available in New Jersey. As in Pennsylvania, New Jersey limits eligible persons to individuals with qualifying illnesses, but like Pennsylvania, this list isn’t exhaustive. The Pennsylvania Department of Health will consider an ailment outside of the list if it meets the characteristics of sicknesses associated with other illnesses on the list. Keep In Mind While Pennsylvania has legalized dry-leaf marijuana, this doesn’t mean that eligible users can now smoke it. Unlike New Jersey, smoking dry-leaf marijuana remains illegal. Users who wish to consume dry-leaf marijuana in the Commonwealthmust do so in vaporized form (vape). Vape Pens and Teenagers Most of my readers have probably seen individuals using vape pens on the street, and it’s important to keep inmind that these electronic cigarettes or“vape pens”are as regulated as traditional cigarettes. Federal law prohibits the sale of vape pens to persons under the age of 18, but many teenagers purchase these devices online from companies who deliver the product to the home. Dangerous Dosage of THC The active compound inmarijuana, which is responsible for creating the“high,”is Tetrahydrocannabinol (THC). Vapingmarijuana will deliver amuchmore potent formof THC, andmost users don’t realize the intensified side effects and the increased risk for addiction through vaping. Unlike traditional cigarettes, vape pens are odorless, and it’s nearly impossible to distinguish between a vape pen containing nicotine and one containingTHC. A New Form of Medical Marijuana
5 WAYS TO FIGHT & WIN YOUR PENNSYLVANIA DUI CASE 2nd Edition - Revised and Expanded
ATTORNEY & COUNSELOR AT LAW Alfonso Gambone To watch more than 40 instructional videos or download your free e-book, please visit our website www.GamboneLaw.com
For more information onmedical marijuana in Pennsylvania and New Jersey, Gambone & Associates encourages you to keep up with our blog.
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INSIDE THIS ISSUE
1
A DUI and DWI Blood Analysis
What to Know Before Black Friday Shopping True Crime Makes for Gripping TV
2
The Cook’s Workout A Higher and More Potent Form Website Resources
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A Historic Veterans Day
A Historic Veterans Day Commemorating the 100th Anniversary of the End of WorldWar I
The GreatWar By 1914, a world war had been years in the making, but the assassination of Archduke Franz Ferdinand of the Austro-Hungarian Empire by a Serbian nationalist provided the spark that would eventually burn downmuch of Europe. A chain reaction of land disputes, pre-emptive attacks, and strategic alliances brought over 30 countries intoWorldWar I. The GreatWar that ravaged Europe resulted in a devastating loss of life, but from those ashes rose a renewed appreciation for the importance of peace and a global effort to ensure its place in the future. The Restoration of Peace In 1918, Germany surrendered unconditionally, and the armistice ended the fighting at the 11th
This year, Veterans Day takes on particular historic significance: Nov. 11, 2018, marks the 100th anniversary of the armistice that ended the First WorldWar. Countries around the world will commemorate the signing of this peace agreement with moments of silence, centennial ceremonies, and historical exhibits. Unlike Memorial Day, Veterans Day is a celebration of life. It’s a day to honor the power of peace and the living veterans across the globe who have served their countries. This November, take a moment to remember the war that helped shape the international community’s dedication to peace and thank the individuals who served to defend it.
hour on the 11th day of the 11thmonth in 1918, though the war did not officially end until the signing of the Treaty of Versailles the following July. An estimated 16 million soldiers and civilians died in just four years, making it one of the deadliest conflicts inmodern history. Veterans Day Originally called Armistice Day, Veterans Day was first observed on Nov. 11, 1919, to honor the one-year anniversary of the armistice, and it became a U.S. holiday in 1938. Today, Veterans Day celebrates veterans who served their country honorably. The U.K., France, Australia, and Canada also commemorate their veterans in November. If you know a veteran, thank them for their service this month.
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