Franklin County Sheriff Steve Thomas says that Intox 5000 has quality assurance problems
In an article in onlineathens.com about obtaining grants from the Governor’s Office of Highway Safety to purchase to newly required Intoxilyzer 9000, Franklin County Sheriff Steve Thomas stated the current state-administered breath test device, the Intoxilyzer 5000, “does not possess all of the attributes necessary to meet evolving legal requests and quality assurance recommendations in the […]
Read MoreRolland v. State: Intoxilyzer 5000 – Judicial Comment – Appointment of Experts
In Rolland v. State, A13A0081, April 30, 2013, the Georgia Court of Appeals affirmed the Athens Georgia jury’s finding of Guilty as to a DUI per se and DUI less safe. Defendant Rolland had argued that the Judge had improperly commented on the evidence in violation of OCGA 17-8-57 by discussing the history of the use […]
Read MoreNACDL’s Champion Magazine exposes the fraudulent science behind standardized field sobriety tests
In Andrew Mishlove’s article in the Jan/Feb Edition of NACDL’s Champion Magazine, he explains the fundamentals of the National Highway Traffic and Safety Administration’s (NHTSA) Standardized Field Sobriety Evaluations (SFST) such as the Horizontal Gaze Nystagmus (HGN), Walk and Turn (W/T) and One Leg Stand (OLS) or as we like to say in Georgia “One-Legged Stand”). Mishlove’s conclusion is […]
Read MoreIntoxilyzer 5000 Receives State-Wide Ban in Pennsylvania
After the ruling of a Dauphin County Judge in Pennsylvania concerning the accuracy of the Intoxilyzer 5000, PA state police have now issued a state-wide ban on the breath-testing machine. Previously only local police had issued the machine, but now no one in Pennsylvania pulled over for DUI will be asked to take an Intoxilyzer test. […]
Read MoreSTALLINGS V. STATE – A12A1929: Gauging the Influence of Objectionable Evidence Presented to a Jury
Stallings v. State (2013) – Georgia Court of Appeals At 1:00 a.m. on March 26, 2011, a DeKalb County Police Officer responded to a call about a driver asleep at the wheel of an intersection. Upon reaching the intersection, the officer saw Dominique Stallings’ vehicle, which fit the description, parked irregularly in a nearby parking […]
Read MoreConcern Grows Over Accuracy of Intoxilyzer 8000 and Other CMI, Inc. Breathing Testing Machines
Advancements in technology are supposed to mean just that: advancement, improvement. New generations of machines are meant to be stronger, sleeker, more reliable, more efficient, and more accurate than the last generation. Unfortunately, CMI, Inc., the company that manufactures the Intoxilyzer line of breath-testing machines, is bucking the trend. Since as early as 2009 there have […]
Read MoreThe Intoxilyzer 9000 to Replace the 5000 as Georgia’s State Breath Test – But is it Any Better?
It’s official, the Intoxilyzer 9000 has been approved by the Georgia Bureau of Investigation to supersede the Intoxilyzer 5000 as the Georgia state-administered breath test machine. The GBI conducted an exhaustive study comparing the Intoxilyzer 9000, the Evidenzer 240, and the Datamaster DMT based on specifications, user reviews, cost/benefit analysis, and many other criteria, but most importantly […]
Read MoreSPANN V. STATE – A12A1507: A Win in the Battle to Obtain the Source Code for the Intoxilyzer 5000
Spann v. State (2012) – Georgia Court of Appeals In May 2007 Teresa Jean Spann was arrested for DUI. She was convicted after a bench trial in August of 2010. She appealed her conviction, contending that the trial court erred in allowing the admittance of similar transaction evidence and in denying her the issuance of […]
Read MoreNew Jersey Attorney Questions Legitimacy of Breath Test, Cites Radio Frequency Interference
A New Jersey court of appeals recently ruled that attorneys are not allowed to inspect photographs of the rooms where police perform breath tests. The case was prompted by a New Jersey attorney who claimed that he was entitled to inspect photographs of the breath test to ensure that there were no electronic devices present […]
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