Why Intoxilyzer Source Code Matters In DUI Cases
In DUI cases the state wants everybody to believe that the Intoxilyzer machine has been tested. (…)
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Followup to Utah’s DUI Single Breath Test
I saw this story about Cynthia Sommer and was overjoyed that an innocent woman was released from jail. I was saddened that it took 2 years of jail, a jury conviction, and a "second test" to finally exonerate her. Why did it take so long for a second test. This was a murder case. This was a case that the prosecutors convicted an innocent woman. This was a case that could have been solved without ruining a life of a grieving woman with a simple duplicate test. What does this story have to do with DUI’s in Utah? People in Utah accused of DUIs are requested to take a single test. The breath sample is not preserved for later testing by an independent agency. Compare the breath test machine that has the same computer chip of the 1970 version of the Atari computer game with the high tech blood testing machines used in most murder cases, and yet the first test was wrong. How many innocent people have been convicted of DUIs because only one test was given? In Utah the answer could be astonishing.
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Utah DUI Ignition Interlock Devices
For a first time offense of DUI, normally the Courts will not impose an ignition interlock device requirement unless the person’s breath/blood alcohol content is at or over a .16. If there is a subsequent offense, the ignition interlock is mandatory. A person can be required to install the ignition interlock device if they are a restricted driver (no measurable amount of alcohol allowed) and the person is convicted of driving with a measurable amount of alcohol in the person’s system. Sometimes, responsible people put these devices in their car "just to be safe." Be cautious. These machines, like any other machine, can give false readings. I had a client that kept setting the device off because she used hand cleaner that has an alcohol base to it. Further, you may blow into the machine and determine that you are under the limit of .08. However, an officer can still arrest you if he believes you are too impaired to drive your car safely regardless of what your breath alcohol content. People have asked me, where do I get one of these machines? Here is a list that I found in Utah for that machine.
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Police Get DUIs in Utah???
The Police are making arrests for DUIs. A story broke today about 30 officers being disciplined. Many of the disciplined officers were involved in sexual misconduct. However, I was shocked to see a few of them were officers convicted of DUI or Alcohol Related offenses. One of the officer’s was the the poster child for getting tough of DUIs.
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Why Intoxilyzer Source Code Matters In DUI Cases
In DUI cases the state wants everybody to believe that the Intoxilyzer machine has been tested. (…)
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Followup on Washington Breath Test Fiasco!
Barry Logan is (was) the head of the Washington State Crime Lab. He has resigned because of the fiasco that took place in the lab. I met Barry at a course I took in Indiana. He was very knowledgeable about the science of Breath Testing. I’m sad that this has cost him his career. I am sad that innocent people may have been convicted because of the things that happened in the lab. I am also sad for a corrupt justice system. Here is the story as posted in Seattle.
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Follow UP to Officer’s getting their own Utah DUIs!
So here is a follow up on the story from yesterday. The interesting thing about this case is that the officer was never found guilty of DUI. However, his department presumed him guilty and fired him anyway. It’s interesting that the police don’t even respect the sacred presumption of innocence even when dealing with their own. The story reads that the office was fired for DUI, yet no DUI was ever prosecuted. Got to love that.
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Courts complicit in framing future DUI murder charges?
There is an interesting post on Lawrence Taylor's DUI Blog about linking previous DUI convictions to a future murder charge. According to Mr. (…)
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Arizona DUI Myth: It is illegal to have one drink
The average citizen of Arizona is given the information contained in the article below. The information is false for most people. (…)
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Utah DUI Attorney Perspective on Friends letting Friends Drive Drunk
An article written in the Daily Utah Chronicle surfaced today regarding friends letting friends drive Drunk. The writer brings out some good points that I would like to highlight.
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