So much for States rights and unfunded mandates: Congress considers legislation mandating breath testing devices on the cars of all DUI offenders
Mandatory DUI Interlock devices or alcohol detectors for vehicles for all DUI offenders and eventually universally? Two United States senators have introduced a bill titled the “Drunk Driving Repeat Offender Prevention Act of 2011” which would require that States pass mandatory alcohol breath testers on the vehicles of all DUI offenders laws or face a […]
Read MoreSource Code Evidence: You can subpoena evidence not just witnesses in Kentucky
Yeary v. State, S10G1085, Supreme Court of Georgia, June 20, 2011. Lisa Yeary was convicted in a bench trial of driving under the influence per se based on evidence that the Intoxilyzer 5000 recorded her breath alcohol as .179 grams. The Trial Court had denied Yeary’s motion to obtain evidence possessed by CMI, Inc., a […]
Read MoreGeorgia Breath Testing Source Code Returns: Episode One -Necessity demands a road trip to Kentucky
Davenport v. State, S10G1355, Supreme Court of Georgia, June 20, 2011. Emily Davenport filed a motion under the Uniform Act to Secure the Attendance of Witnesses from Without the State, O.C.G.A. 24-10-90 to obtain evidence of the internal workings of the Intoxilyzer 5000, specifically the source code, from employees at CMI, Inc. in Kentucky. Davenport […]
Read MoreGeorgia DUI Breath Test Due Process: A light on the horizon
The Georgia DUI Breath Test Concurring Opinion heard round the world. Davenport v. State, s10G1355, June 20, 2011. “DUE PROCESS…YES.DUE PROCESS. HOLD ON A SECOND. I NEED A MINUTE. DUE PROCESS, I AM JUST GETTING USED TO IT.” quote of a frazzled indigent defendant sitting in jail wearing two pairs of glasses, grey hair standing […]
Read MoreAlcohol Breath Testing Fails again in Philadelphia
Philadelphia District Attorney announced on May 13, 2011, that another 1500 persons convicted of DUI in 2008 and 2009 are entitled to new trials after a two-month inquiry regarding faulty breathalyzers used by Police despite not being properly calibrated according to local news outlets. Atlanta DUI | DUI Atlanta
Read MoreFaulty Breathalyzer could throw out 865 DUIs in California
A manufacturer’s defect could result in 865 DUI arrests being thrown out of court in San Jose California. The Alco-Sensor V breathalyzer is believed to have produced erroneous results as a result of condensation from breath building up in the breath tube. Alco-Sensors are used in Georgia DUIs for preliminary breath screening as positive or […]
Read MoreCourt of Appeals rejects hard fought Cherokee DUI and finds fields relevant to establish blood alcohol
Holowiak v. State II, A10A2021, Georgia Court of Appeals, March 29, 2011. DUI per se; DUI less safe. Cherokee County State Court DUI Jury Trial. The Defendant Driver, Holowiak, was stopped at a roadblock in Cherokee County by the Sheriff’s Department. The Officer smelled an odor of alcohol, observed red and glassy eyes, flushed face, […]
Read MorePhiladelphia DUI breathalyzer miscalibration causes a 15 month case review
Philadelphia joins a growing list of jurisdictions that are finding out that DUI breath tests are often inaccurate, improperly maintained, and not properly calibrated. On March 23, 2011, Philadelphia Police authorities announced that miscalibrated Breathalyzers compromised over 1147 DUI cases. The District Attorney’s office is conducting a complete review of all affected cases. The District […]
Read MoreWhy economic theory tells us that the legal limit for DUI of 0.08 is dangerous and should be raised
The law of diminishing returns is a fundamental principle of economics which is defined as: The for a continuing effort toward a particular goal to decline in effectiveness after a certain amount of success has been achieved. (economics) A relationship between input and output, such that adding units of any one input labor, capital, etc.) to fixed […]
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