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Runaway Grand Jury investigating District Attorney’s Cover up of Intoxilyzer (State Administered DUI Breath Tests) inaccuracies

A Houston Grand Jury is investigating the District Attorney’s cover-up and retaliation of employee whistleblower surrounding inaccurate readings of Houston Police Departments Breath Alcohol Testing Vehicles or BAT Mobiles purchased in 2008.  Despite District Attorney protests they were kicked out of Grand Jury proceedings and threatened with arrest by the Grand Jury foreman if they […]

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Tunali v. State, A11A1158, Georgia Court of Appeals, from Troup County State Court

In Tunali v State, an appeal from the denial of a motion to suppress in the Troup County State Court, Tunali raised two issues. First, the Court could not take judicial notice of Department of Public Safety (“DPS”) rules allowing a stop of Tunali’s vehicle,  a Ford F-250 pick-up truck displaying a hazardous material placard.  The […]

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How a cell phone or a text message can give you a DUI

Watch this video where a cell phone causes and Intoxilyzer 5000 to register a .253 dui lawyer atlanta | georgia dui lawyer

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T.V. Investigative Reporter finds Florida Authorities are fudging CMI, Inc Intoxilyzer alcohol breath testing operator permits

A Florida T.V. investigative reporter has uncovered at least 10 police officers who were not properly certified to operate the Intoxilyzer state-administered breath test but were issued permits to do so anyway by the Florida authorities with authority (Florida Department of Law Enforcement hereinafter “FDLE”)   over the State DUI breath testing program. Florida law […]

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Doraville Police Officer arrested for DUI in DeKalb County after rear-end accident

Doraville Police Officer Kasey Lindsey was arrested Saturday night on October 8, 2011, after rear-ending another vehicle. According to police records, he failed field sobriety tests, offered his Doraville Badge instead of his Driver’s License,  commenting that this would be their easiest DUI Arrest, admitted to drinking at a Doraville Strip Club, and allegedly blew […]

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More problems with the CMI, Inc., Intoxilyzer 8000s in Florida raise new questions about Georgia’s aging fleet of Intoxilyzer 5000 DUI breath machines

Both Georgia and Florida buy their official state-administered breath test machines from CMI, Inc. of Owensboro, Kentucky.   A recent review of the “pressure transducer” of 231 of Florida’s Intoxilyzer 8000s has revealed that 40% of the machines register the wrong breath volume.  Breath volume is a critical factor in determining blood alcohol content based […]

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New Study indicates that heavy drinkers perform less well than non-drinkers even when sober on field sobriety tests!

September 15, 2011: A new study published today in the Journal of Alcoholism concludes that even when controlled for age, heavy drinkers have persistent balance and coordination impairment even after sobering up when compared to non-drinkers.  The study was performed in Honolulu, Hawaii by Neurobehavioral Research Inc.  The study utilized over 200 volunteers. Seventy of […]

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Cobb County DUI Jury Trial by Judge Bowers Reversed: Wagner v. State, a refusal is not evidence of impairment

Wagner v. State, A11A0895, Court of Appeals of Georgia, September 7, 2011. Wagner was convicted of DUI by a jury in Cobb County State Court by Judge Carl Bowers. On October 3, 2008, James D. Wagner was at a restaurant when his 4-year-old child ran outside in the parking lot and fell. Bystanders called the police […]

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Dade County Georgia DUI Conviction; “more tests” does not mean additional or independent chemical tests but field sobriety tests under the implied consent law

Avery v. State, A11A1340, Court of Appeals of Georgia, September 7, 2011 . Jesse Trotter Avery was charged with DUI per se, failure to maintain lane, and driving with a suspended license. He filed a motion to exclude his breath test result on the Intoxilyzer 5000 as a result of his request for an additional […]

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