http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/ Switched Comments for Breathalyzers Come Under Fire in Court http://www.switched.com/media/feedlogo.gif http://www.switched.com en-us Copyright 2008 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 10th 2007 8:44PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 11th 2007 8:03AMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 11th 2007 1:33PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 11th 2007 1:34PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/
I understand the zeal of MADD, but to blindly state that this is a "victory for drunks, everywhere," is just as reckless as driving drunk. When you consider the penalties involved, I would want this thing to be certifed accurate, just like a piece of medical diagnostic equipment, which in fact, it is.

Mike Sanders
Saint Louis, Missouri]]>Aug 11th 2007 2:01PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/You're a moron. They're called Taxis.]]>Aug 11th 2007 4:43PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 11th 2007 10:01PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 11th 2007 10:48PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 12th 2007 12:48AMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 12th 2007 10:02AMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 12th 2007 10:52AMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/ Just as in its impotent fight against terrorism, the government want to cancel our long-standing privacy interests by listening to our phone conversations and reading our emails. Bottom line is that when the government can't win by playing by the rules, they just want to cancel the rules.
Drunk driving is a serious social problem as is terrorism, but if we lower the bar for these social problems that the government tries to use our fear of to justify diluting ]]>Aug 12th 2007 11:24AMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/
You remember the 5th amendment to the Constitution right, the one that says a citizen shall have the right to remain silent and not incriminate himself? Well, that pesky little amendment is out the window! If you do not blow in the machine you loose. If you do, your probably screwed.

So you see, the machine is actually quite important. Knowing exactly how this little "magic box" works is relevant because, as an earlier poster said, this box in many regards holds your fate in it's little computer brain. Therefore, knowing how the code is written and how the magic box evaluates your breath is crucial. In many cases, the field sobriety tests and other indicators, like driving itself, may not be indicative of alcohol abuse, but when that little machine says your over .08, you magically have a serious problem on your hands. A serious problem because now the police, the prosecutor and the jury will all PRESUME you are guilty, even though you may not be. Those machines are fraught with errors irrespective of the code itself.

So, congratulations to the attorney and defendant that got the code!!! I don't condone the use of alcohol to excess while driving. But I sure as hell do condone the right of an accused not to be a witness against himself, and to have the right to examine any witness, or machine, that the government uses in court to say a man is guilty of a crime. ]]>Aug 12th 2007 11:41AMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 12th 2007 12:32PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 12th 2007 4:18PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 12th 2007 4:21PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 12th 2007 6:03PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 12th 2007 11:31PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/You have no protection under the 5th or 4th amendments with regard to driving, as driving is not a right, but a privilege offered to you by the state.
Luther, your example is not of "no alcohol use" if you spray alcohol in your mouth! ANY machine may pick up traces of alcohol. That is why the police are supposed to monitor you for at least 15 minutes prior to your taking of the breath sample. They are not going to let you use anything, not even chewing gum. And a big burp could put raw alcohol in your mouth, so its even supposed to be 15 minutes after a burp. But if you keep burping on purpose, they'll charge you with a refusal. And don't believe the statement that its stacked against you. I'll let you in on a secret- ALL breathalyzers actually are calibrated or, if manual, are started at [MINUS].02%, so you're actually starting off the test in the minus! Your councilmen came up with a good cover story to cover up a large gift given to them because of who they were.]]>Aug 12th 2007 11:59PMhttp://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/http://www.switched.com/2007/08/10/breathalyzers-come-under-fire-in-court/Aug 13th 2007 12:13AM