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	<title>Comments on: Convicting the &#8220;Average&#8221; DUI Suspect</title>
	<atom:link href="http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/</link>
	<description>Bad Drunk Driving Laws, False Evidence and a Fading Constitution</description>
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		<title>By: Http://Www.Brittsissel.Com/</title>
		<link>http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/comment-page-1/#comment-701486</link>
		<dc:creator>Http://Www.Brittsissel.Com/</dc:creator>
		<pubDate>Sun, 12 May 2013 08:44:41 +0000</pubDate>
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		<content:encoded><![CDATA[<p>At least the green tea, the answer is yes, green Weight Loss Pills For Men is available in capsules,<br />
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		<title>By: ruReadyMyFriend</title>
		<link>http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/comment-page-1/#comment-2041</link>
		<dc:creator>ruReadyMyFriend</dc:creator>
		<pubDate>Tue, 16 Dec 2008 18:34:05 +0000</pubDate>
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		<description>Variations of this story are told all the time. Driving is a privilege not a right and it is the tool law enforcement uses to destroy many lives including my own.</description>
		<content:encoded><![CDATA[<p>Variations of this story are told all the time. Driving is a privilege not a right and it is the tool law enforcement uses to destroy many lives including my own.</p>
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		<title>By: RichardAlan</title>
		<link>http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/comment-page-1/#comment-1233</link>
		<dc:creator>RichardAlan</dc:creator>
		<pubDate>Sun, 29 Jun 2008 22:21:35 +0000</pubDate>
		<guid isPermaLink="false">http://duiblog.level2hosting.com/?p=45#comment-1233</guid>
		<description>September of 2007 I was stopped for allegedly going 60 mph in a 45. My true speed was 47 mph. I have (had) a Class A commercial license a perfect driving record i.e. no accidents, tickets, actions, or FTA&#039;s. Safe driving awards from United Parcel Service, and a perfect safety record as noted and in regards to all my colleagues in the transportation/ mobile television industry.

I handle and transport million dollar mobile television equipment around the nation with perfect safety, I&#039;m the best value money can buy. 

After my stop for this alleged speeding, I was approached by a Law Enforcement officer as he approached my window and before I could roll it down he&#039;s yelling at me; &quot;you can put the water bottle down, nothing is going to help you now&quot; and with that I recognized Malfeasance by this officer and did not say one word. I was asked questions, I said no, I refuse to talk, I want a lawyer.

I refused both the FST, and the Breath test, why ? the officer already told me;  &quot;nothing was going to help me now&quot; so why then would I do the voodoo science monkey tricks for him? To audition for my freedom? which he already made himself clear, &quot;was not going to help me now&quot;. 
 
I was arrested for an alleged DUI. I called an attorney the same day of my arrest and hired him, it cost $14,000. 

We demanded the patrol cars video which would have shown my &quot;real&quot; speed and proved the Malfeasance of the officer , i.e., &quot;nothing is going to help you now&quot; 

We demanded a jury trial, it took 7 months, the D.A. kept postponing  my trial. The officer did not show, and the video evidence
somehow was not available for both the court and the DMV hearing.

My case was dismissed this past April, all Alcohol related charges were dropped. I plead to a reckless driving, and a $150 ticket.

My license/property  was taken for one year without due process and absent a conviction.

Because I was a freelance transportation coordinator I did not lose my job, just my career, which included medical benefits, pension, seniority, my ability to put food in my mouth and provide for my family...
this is devastating.

of course my credit is now ruined and at 43 years old my life and ability to stay current on my bills is lost, I have to file bankruptcy.

I am now a burden of the state. 

All of my colleagues in mobile television are desperately awaiting for me to get my license back. I still get job offers to drive.

 I&#039;m amazed at the respect I&#039;m getting for standing up for the Constitution of the United States of America in regards to a bogus dui allegation or I mean speeding in a 45 mph zone. 

In the last 3 months I&#039;ve lost $15,000 in potential earnings.

I was the safest professional driver on the highway, and now I can&#039;t drive professionally, my right to work in California has been taken away.

I would do it all over again for the integrity of our United States Constitution.

If there is ever a class action lawsuit against the State I would be apart of it. 

&quot;No Reasonable Cause&quot; the Movie is up at youtube.  search No Reasonable Cause.

I hope there is someone out there that is interested in my story.</description>
		<content:encoded><![CDATA[<p>September of 2007 I was stopped for allegedly going 60 mph in a 45. My true speed was 47 mph. I have (had) a Class A commercial license a perfect driving record i.e. no accidents, tickets, actions, or FTA&#8217;s. Safe driving awards from United Parcel Service, and a perfect safety record as noted and in regards to all my colleagues in the transportation/ mobile television industry.</p>
<p>I handle and transport million dollar mobile television equipment around the nation with perfect safety, I&#8217;m the best value money can buy. </p>
<p>After my stop for this alleged speeding, I was approached by a Law Enforcement officer as he approached my window and before I could roll it down he&#8217;s yelling at me; &#8220;you can put the water bottle down, nothing is going to help you now&#8221; and with that I recognized Malfeasance by this officer and did not say one word. I was asked questions, I said no, I refuse to talk, I want a lawyer.</p>
<p>I refused both the FST, and the Breath test, why ? the officer already told me;  &#8220;nothing was going to help me now&#8221; so why then would I do the voodoo science monkey tricks for him? To audition for my freedom? which he already made himself clear, &#8220;was not going to help me now&#8221;. </p>
<p>I was arrested for an alleged DUI. I called an attorney the same day of my arrest and hired him, it cost $14,000. </p>
<p>We demanded the patrol cars video which would have shown my &#8220;real&#8221; speed and proved the Malfeasance of the officer , i.e., &#8220;nothing is going to help you now&#8221; </p>
<p>We demanded a jury trial, it took 7 months, the D.A. kept postponing  my trial. The officer did not show, and the video evidence<br />
somehow was not available for both the court and the DMV hearing.</p>
<p>My case was dismissed this past April, all Alcohol related charges were dropped. I plead to a reckless driving, and a $150 ticket.</p>
<p>My license/property  was taken for one year without due process and absent a conviction.</p>
<p>Because I was a freelance transportation coordinator I did not lose my job, just my career, which included medical benefits, pension, seniority, my ability to put food in my mouth and provide for my family&#8230;<br />
this is devastating.</p>
<p>of course my credit is now ruined and at 43 years old my life and ability to stay current on my bills is lost, I have to file bankruptcy.</p>
<p>I am now a burden of the state. </p>
<p>All of my colleagues in mobile television are desperately awaiting for me to get my license back. I still get job offers to drive.</p>
<p> I&#8217;m amazed at the respect I&#8217;m getting for standing up for the Constitution of the United States of America in regards to a bogus dui allegation or I mean speeding in a 45 mph zone. </p>
<p>In the last 3 months I&#8217;ve lost $15,000 in potential earnings.</p>
<p>I was the safest professional driver on the highway, and now I can&#8217;t drive professionally, my right to work in California has been taken away.</p>
<p>I would do it all over again for the integrity of our United States Constitution.</p>
<p>If there is ever a class action lawsuit against the State I would be apart of it. </p>
<p>&#8220;No Reasonable Cause&#8221; the Movie is up at youtube.  search No Reasonable Cause.</p>
<p>I hope there is someone out there that is interested in my story.</p>
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		<title>By: lusipher@gmail.com</title>
		<link>http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/comment-page-1/#comment-14</link>
		<dc:creator>lusipher@gmail.com</dc:creator>
		<pubDate>Fri, 24 Mar 2006 22:12:21 +0000</pubDate>
		<guid isPermaLink="false">http://duiblog.level2hosting.com/?p=45#comment-14</guid>
		<description>&lt;a&gt;&lt;/a&gt;One important corrective note is that breath machines do not assume any partition ratio for calculating BrAC.&#160; They report whatever result they get back out to however many litres of breath that state&#039;s legal per se limits require them to.&#160; There is no assumed 2100/2300/whatever blood to breath ratio in breath testing instruments.
Additionally, most driver impariment studies that the 0.08 impairment level is based on, is using breath machines.&#160; So one could more correctly argue that someone who&#039;s blood alcohol level is 0.08 may or may not be as impaired as someone who had a measured BrAC level of 0.08 - based upon the correctly stated variable blood/breath ratio.
Also, state witnesses should always use a range of values when doing retrograde extrapolations.&#160; For just the reason mentioned, individuals elimination rates vary.&#160; &quot;Professional drunk drivers&quot; elmination rates can be above 0.03, which is very high indeed.
</description>
		<content:encoded><![CDATA[<p><a></a>One important corrective note is that breath machines do not assume any partition ratio for calculating BrAC.&nbsp; They report whatever result they get back out to however many litres of breath that state&#8217;s legal per se limits require them to.&nbsp; There is no assumed 2100/2300/whatever blood to breath ratio in breath testing instruments.<br />
Additionally, most driver impariment studies that the 0.08 impairment level is based on, is using breath machines.&nbsp; So one could more correctly argue that someone who&#8217;s blood alcohol level is 0.08 may or may not be as impaired as someone who had a measured BrAC level of 0.08 &#8211; based upon the correctly stated variable blood/breath ratio.<br />
Also, state witnesses should always use a range of values when doing retrograde extrapolations.&nbsp; For just the reason mentioned, individuals elimination rates vary.&nbsp; &#8220;Professional drunk drivers&#8221; elmination rates can be above 0.03, which is very high indeed.</p>
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