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	<title>Comments on: Convicting the &#8220;Average&#8221; DUI Suspect</title>
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	<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: millerboycott.com&#187; Blog Archive &#187; Can Smoking Alter Breathalyzer Results?</title>
		<link>http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/comment-page-1/#comment-26817</link>
		<dc:creator>millerboycott.com&#187; Blog Archive &#187; Can Smoking Alter Breathalyzer Results?</dc:creator>
		<pubDate>Sun, 21 Aug 2011 16:05:44 +0000</pubDate>
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		<description>[...] the no two individuals are alike in their physiology and metabolism of alcohol (see, for example, Convicting the Average Person, Racial Differences in the Metabolism of Alcohol&#160;and High Blood Alcohol &#8211; or a Zinc [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] the no two individuals are alike in their physiology and metabolism of alcohol (see, for example, Convicting the Average Person, Racial Differences in the Metabolism of Alcohol&nbsp;and High Blood Alcohol &#8211; or a Zinc [&#8230;]</p>
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		<title>By: Can Smoking Alter Breathalyzer Results? &#124; Phoenix DUI Abogados</title>
		<link>http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/comment-page-1/#comment-26812</link>
		<dc:creator>Can Smoking Alter Breathalyzer Results? &#124; Phoenix DUI Abogados</dc:creator>
		<pubDate>Sun, 21 Aug 2011 13:37:38 +0000</pubDate>
		<guid isPermaLink="false">http://duiblog.level2hosting.com/?p=45#comment-26812</guid>
		<description>[...] the no two individuals are alike in their physiology and metabolism of alcohol (see, for example, Convicting the Average Person, Racial Differences in the Metabolism of Alcohol&#160;and High Blood Alcohol &#8211; or a Zinc [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] the no two individuals are alike in their physiology and metabolism of alcohol (see, for example, Convicting the Average Person, Racial Differences in the Metabolism of Alcohol&nbsp;and High Blood Alcohol &#8211; or a Zinc [&#8230;]</p>
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		<title>By: DUI BLOG: Can Smoking Alter Breathalyzer Results?</title>
		<link>http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/comment-page-1/#comment-26809</link>
		<dc:creator>DUI BLOG: Can Smoking Alter Breathalyzer Results?</dc:creator>
		<pubDate>Sun, 21 Aug 2011 10:12:29 +0000</pubDate>
		<guid isPermaLink="false">http://duiblog.level2hosting.com/?p=45#comment-26809</guid>
		<description>[...] Convicting the &#8220;Average&#8221; DUI Suspect [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] Convicting the &#8220;Average&#8221; DUI Suspect [&#8230;]</p>
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		<title>By: DUI BLOG: How Body Temperature Changes Breathalyzer Results</title>
		<link>http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/comment-page-1/#comment-21475</link>
		<dc:creator>DUI BLOG: How Body Temperature Changes Breathalyzer Results</dc:creator>
		<pubDate>Wed, 13 Oct 2010 14:03:03 +0000</pubDate>
		<guid isPermaLink="false">http://duiblog.level2hosting.com/?p=45#comment-21475</guid>
		<description>[...] Convicting the &#8220;Average&#8221; DUI Suspect [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] Convicting the &#8220;Average&#8221; DUI Suspect [&#8230;]</p>
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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>
		<guid isPermaLink="false">http://duiblog.level2hosting.com/?p=45#comment-2041</guid>
		<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: DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution</title>
		<link>http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/comment-page-1/#comment-1743</link>
		<dc:creator>DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution</dc:creator>
		<pubDate>Fri, 26 Sep 2008 16:47:21 +0000</pubDate>
		<guid isPermaLink="false">http://duiblog.level2hosting.com/?p=45#comment-1743</guid>
		<description>[...] Convicting the &#8220;Average&#8221; DUI Suspect [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] Convicting the &#8220;Average&#8221; DUI Suspect [&#8230;]</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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	<item>
		<title>By: DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution</title>
		<link>http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/comment-page-1/#comment-195</link>
		<dc:creator>DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution</dc:creator>
		<pubDate>Wed, 07 Mar 2007 16:09:53 +0000</pubDate>
		<guid isPermaLink="false">http://duiblog.level2hosting.com/?p=45#comment-195</guid>
		<description>[...] Convicting the &quot;Average&quot; DUI Suspect [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] Convicting the &quot;Average&quot; DUI Suspect [&#8230;]</p>
]]></content:encoded>
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	<item>
		<title>By: DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution</title>
		<link>http://www.duiblog.com/2004/11/11/convicting-the-average-dui-suspect/comment-page-1/#comment-171</link>
		<dc:creator>DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution</dc:creator>
		<pubDate>Thu, 21 Dec 2006 20:42:37 +0000</pubDate>
		<guid isPermaLink="false">http://duiblog.level2hosting.com/?p=45#comment-171</guid>
		<description>[...] The main problem with breath machines is that they are designed to assume all human beings are the same (see &#8220;Convicting the &#8216;Average&#8217; DUI Suspect&#8220;). In fact, we are all very different from one another in ways that are critical to such testing &#8212; and we are ourselves physiologically different from one moment to the next. Each of us, for example, is inherently different in our partition ratio &#8212; the ratio of alcohol in our breath compared to alcohol in our blood &#8212; and this ratio differs within ourselves from hour to hour (see &#8220;Breathalyzers &#8212; and Why They Don&#8217;t Work&#8220;). This is critical, as the breathalyzer will automatically compute the amount of alcohol in the blood based upon the measured alcohol on the breath &#8212; using a uniform ratio that (falsely) assumes we are all the same. [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] The main problem with breath machines is that they are designed to assume all human beings are the same (see &#8220;Convicting the &#8216;Average&#8217; DUI Suspect&#8220;). In fact, we are all very different from one another in ways that are critical to such testing &#8212; and we are ourselves physiologically different from one moment to the next. Each of us, for example, is inherently different in our partition ratio &#8212; the ratio of alcohol in our breath compared to alcohol in our blood &#8212; and this ratio differs within ourselves from hour to hour (see &#8220;Breathalyzers &#8212; and Why They Don&#8217;t Work&#8220;). This is critical, as the breathalyzer will automatically compute the amount of alcohol in the blood based upon the measured alcohol on the breath &#8212; using a uniform ratio that (falsely) assumes we are all the same. [&#8230;]</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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