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[98tadriver]

Originally Posted by amargari

Definitely talk to a lawyer about this. I was in traffic court a few weeks ago (not for me, I was rear ended and was a witness for the state) and the judge mentioned that there is a case before the supreme court on whether the Breathalyzer exam is legit. Apparently all cases could be thrown out if this is found to be the case.

one of my buddies is going thru the same thing, he got a DWI a while back and theres something going thru the supreme court about the accuracy of the breathalyzer hes like 25 though

[qwikz28]

the breathlyzer point is moot. it may not be accurate but it won't give a false positive. and since he can't have any alcohol in him, he's in trouble regardless of the alcohol content of his blood

[maroman88]

Originally Posted by 98tadriver

one of my buddies is going thru the same thing, he got a DWI a while back and theres something going thru the supreme court about the accuracy of the breathalyzer hes like 25 though

IIRC that has something to do with the NEW breathalyzer machine, not the old one thats been used forever

Jeez cbrr, it seems like everytime you post its something negative.

[JL8Jeff]

If the breathalizer wasn't properly calibrated(or something to this effect) then the results get thrown out completely. I know someone that was able to avoid a DWI charge because of this, but that was about 20 years ago so I'm not sure if the same scenario applies today.

[procamaroz28]

Originally Posted by qwikz28

the breathlyzer point is moot. it may not be accurate but it won't give a false positive. and since he can't have any alcohol in him, he's in trouble regardless of the alcohol content of his blood

ya actually some cough drops and some gums can actually turn positive on breathalyzer

[shane27]

this is what my friend mike said:


Mike M: demand to see th source code of the breathalyzer

Mike M: cause alot of times police stations update the firmware on them

Mike M: without getting re-licensed for it

Mi: so ask to see the license for the breathalyzer and the source code

Shaneomac92GT: very intresting

Mike M: yea

Mike M: itll get dropped if theyre using a new version that they are not licensed to use lolol

Mike M: little DWI secretz

[Mike]

Originally Posted by Rafterman

Jeez cbrr, it seems like everytime you post its something negative.

negative? im correcting false information.

[GP99GT]

GOSH MIKE YOURE SO MEAN

[79CamaroDiva]

Originally Posted by shane27

this is what my friend mike said:


Mike M: demand to see th source code of the breathalyzer

Mike M: cause alot of times police stations update the firmware on them

Mike M: without getting re-licensed for it

Mi: so ask to see the license for the breathalyzer and the source code

Shaneomac92GT: very intresting

Mike M: yea

Mike M: itll get dropped if theyre using a new version that they are not licensed to use lolol

Mike M: little DWI secretz

I foudn that amusing.. since cbrrmike = Mike M in my phone

oh yeah, and mike, stop being so mean. even if you're correcting false information, you can at least give constructive criticism.. GOSH!

[r0nin89]

He just went straight to making you blow the breathalizer? I know under 21 and if your .01 or over your DUI material.

[ar0ck]

I don't mean any disrespect to Shane or anything, but all these arguments and legal loop holes are null & void.

Shane's 20, hes not 21 yet so ANY trace of alcohol in him while he is behind the wheel is going to bring a DUI upon him. It doesn't matter if the breathalyser is out of whack or if he was close to his house.

[Tru2Chevy]

Originally Posted by ar0ck

I don't mean any disrespect to Shane or anything, but all these arguments and legal loop holes are null & void.

Shane's 20, hes not 21 yet so ANY trace of alcohol in him while he is behind the wheel is going to bring a DUI upon him. It doesn't matter if the breathalyser is out of whack or if he was close to his house.

Yea, but what they are saying is that if they don't have a license for the version of breathalyser that they are using, then it shouldn't be able to be used as evidence in a court case against him, and then they have no proof that he had anything to drink.

Not that I agree with that....but the law is what it is.

- Justin

[shane27]

did 2 sobriety tests and did the breathalizer at the police station

[chrisfrom nj]

that sucks good luck in court

[JW]

I saw this article just now and thought of this thread
http://www.news.com/Police-Blotter-B...l?tag=nefd.top

JW

[qwikz28]

it won't blow a false positive, and i'm sure he didn't deny drinking. they could probably smell the alcohol on him

[r0nin89]

Yeah like I said .01 for anyone under 21 is what we were taught in school.

[baddest434]

don't drink and drive, especially if you underage. /dui's

im not preaching i know we've all done it at one time or another but nowadays cops are not like they used to be!!! and thats a GOOD thing.

[79CamaroDiva]

that link to the article where the commonwealth wouldn't turn over the source code makes me wonder if they're hiding a skewing or not. they say its a 'trade secret' but unless you've got something to hide, why hide it? just show the code and you still get your dui.

[shane27]

Originally Posted by baddest434

and thats a GOOD thing.

not....entirely.

[Tru2Chevy]

Originally Posted by 79CamaroDiva

that link to the article where the commonwealth wouldn't turn over the source code makes me wonder if they're hiding a skewing or not. they say its a 'trade secret' but unless you've got something to hide, why hide it? just show the code and you still get your dui.

I've seen articles along those same lines with radar guns. The companies don't wanna risk having their code compromised, and they would rather see a few smart/rich people get off the hook than lose their business to another company using their code....

- Justin

[maroman88]

Originally Posted by Tru2Chevy

I've seen articles along those same lines with radar guns. The companies don't wanna risk having their code compromised, and they would rather see a few smart/rich people get off the hook than lose their business to another company using their code....

- Justin

exactly what i was guna say, thatd be like being forced to give your secret family recipet to applebees so they could sell that dish

[WildBillyT]

Originally Posted by Tru2Chevy

I've seen articles along those same lines with radar guns. The companies don't wanna risk having their code compromised, and they would rather see a few smart/rich people get off the hook than lose their business to another company using their code....

- Justin

If they were to show their code it would make it a hell of a lot easier to make a jamming device, or even better a device that decrements your speed value to say you are traveling at a much slower rate then you are. I can't believe that they would actually hand over source code like that when it concerns public safety. Maybe they do, but... wow...

[1_Hot_SOM_WS6]

Originally Posted by shane27

not....entirely.

ur just saying that becuase u got caught. but if someone that was close to u was killed by a drunk driver....i am sure ur story would change on if its a good thing.....