Appendix B. Deposition of Dr. Marceline Burns

• Pages: 565-582
• Author: Jonathan Dichter

APPENDIX B:

DEPOSITION OF

M. BURNS

B-1

APPENDIX B

THE DEPOSITION OF

MARCELLINE BURNS

INTRODUCTION

In 1998 when Hudson and I formed Kapsack & Bair, the rst project we undertook was getting Dr. Burns, the

preeminent authority on SFSTs, on the record. We used DMV procedures to notice her deposition and paid her

to be there.

Before the deposition, she spent an hour informally discussing SFSTs and her research with us. Once we went on

the record, we spent a lot of time to get the two points we wanted:

• SFSTs do not measure driving ability; and

• SFSTs do not show a specic blood alcohol level.

Additionally, Dr. Burns told us SFSTs must be administered correctly and scored according to the NHTSA stan-

dards to obtain a valid result.

Months later, Dr. Burns came to a seminar in San Francisco and reiterated these points on videotape, which Troy

McKinney of Houston, Texas keeps.

The following deposition was taken on Friday April 17, 1998.

APPENDIX B:

DEPOSITION OF

M. BURNS

Innovative DUI Trial Tools B-2