Probing the Bad Science behind the DUI Breath test
Nutritional Scientist/Blogger Adam Kosslof probes the boundaries of bad science. Exhibit #1: the DUI breath test. He quotes a senior level Los Angeles prosecutor who wrote about DUI breath test weaknesses such as gender bias in alcohol breath testing, non-specificity of alcohol in DUI breath testing, how diabetes can throw off a DUI breath test, how ketones […]
Read MoreGeorgia Legislators to push for alcohol breath testing devices in the cars of first offenders
Atlanta’s Fox Five reported on December 18th, 2013 that Georgia Legislators honored by Mother’s Against Drunk Driving are pushing for alcohol breath testing devices to be required in the ignitions of first-time DUI offenders in Georgia. This proposed law is based upon the fact that of the approximately 1200 traffic deaths reported in the last […]
Read MoreSmith v. State – outsourcing the Constituitional Responsibilities to Kentucky
Smith v. State, A13A1282, DO-048 C., Court of Appeals of Georgia, Decided: November 15, 2013. Jason Smith was involved in an automobile accident in Atlanta, Georgia, and Fulton County and arrested for DUI. He was treated by paramedics. Sergeant Teague of the Atlanta Police Department DUI task force was dispatched to the scene. Sergeant Teague met […]
Read MorePhillips v. State – when a live witness is not testimonial – still searching for the Source Code in the Cold Kentucky Rain
Phillips v. State, A13A0991, DO-036 C, Court of Appeals of Georgia, Decided: November 15, 2013. Just as Elvis sang in Kentucky Rain, Georgia lawyers are still searching for the Intoxilyzer 5000 source code while Kentucky rain keeps pouring down And up ahead’s another town that they’ll go walking thru with the rain in their shoes still searchin’ […]
Read MoreTexas Judge angry because Jury did not believe a DUI breath test
The website Slate.com recently reported that a Texas Judge “lost” his mind after a jury refused to accept the results of an alcohol breath test in a Texas Driving Under the Influence Trial. Not only did the Judge fuss at the jury but he accused them of violating their oath and jury nullification. In Georgia, the Jury does possess […]
Read MoreYoung v State – Intox Source Code Drama- its either not specific or not credible or both
Young v. State A13A0995, A13A0996, A13A01170-76, October 4th, 2013. The Georgia Court of Appeals denied 9 Athens DUI Defendant’s requests for certificates of materiality to obtain a subpoena for the computer source code which operates the Intoxilyzer 5000, the official state-administered chemical alcohol DUI breath test machine for the State of Georgia, from the manufacturer of […]
Read MoreOhio Judges declares the Intoxilyzer 8000 aka the Inflatilyzer 8000 as unscientific
August 21, 2013. WBNS-10TV Columbus, Ohio reports that Judge Rules Breath-Alcohol Machine Unscientific, Court Cases In Jeopardy. After hearing over a week of testimony from Defense and State experts the Court found that in its role as the gatekeeper of scientific evidence under the Daubert standard (used in Federal Court and civil but not criminal cases in Georgia) […]
Read MoreArizona Supreme Court holds that DUI breath testing is really just DUI breath guessing
The Arizona Daily Star article reports that a unanimous Arizona Supreme Court decision is giving DUI Defendants new tools like logic, math, and science in defending DUI breath test cases. The Arizona Supreme Court held that DUI defendants may present evidence of variables such as breath temperature and hematocrit levels which make it impossible to know […]
Read MoreCronkite v State – July 1st 2013 – Intoxilzyer 5000 source code
Cronkite v. State – S12G1927 – July 1st, 2013 In this appeal from the denial of a motion for a certificate of materiality under the Uniform Act to Secure Witnesses from Without the State, the Georgia Supreme Court affirmed the denial of the certificate of materiality. The Supreme Court held that a Georgia DUI Defendant […]
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