http://www.duiblog.com/2007/05/22/dui-and-the-presumption-of-guilt-2/ Bad Drunk Driving Laws, False Evidence and a Fading Constitution Wed, 08 Feb 2012 23:35:13 +0000 hourly 1 http://wordpress.org/?v=3.1.3 http://www.duiblog.com/2007/05/22/dui-and-the-presumption-of-guilt-2/comment-page-1/#comment-4051 DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution Fri, 10 Jul 2009 12:28:15 +0000 http://www.duiblog.com/2007/05/22/dui-and-the-presumption-of-guilt-2/#comment-4051 [...] I’ve expounded on this blog at great length in recent years on the unreliability and inaccuracy of the various machines used to measure the breath of citizens accused of drunk driving.  See for example,  "Trial by Machine "– But How Good Are the Machines?.  I’ve also blasted the unconstitutional laws of most states which presume the accuracy of these machines.  See If You Can’t Prove It, Make the Defendant Disprove It.   In many cases, as in my home state of California, the defense is even prohibited from offering critical scientifically-accepted evidence of the machine’s defects.  See DUI and the Presumption of Guilt. [...] […] I’ve expounded on this blog at great length in recent years on the unreliability and inaccuracy of the various machines used to measure the breath of citizens accused of drunk driving.  See for example,  "Trial by Machine "– But How Good Are the Machines?.  I’ve also blasted the unconstitutional laws of most states which presume the accuracy of these machines.  See If You Can’t Prove It, Make the Defendant Disprove It.   In many cases, as in my home state of California, the defense is even prohibited from offering critical scientifically-accepted evidence of the machine’s defects.  See DUI and the Presumption of Guilt. […]

]]> http://www.duiblog.com/2007/05/22/dui-and-the-presumption-of-guilt-2/comment-page-1/#comment-1807 DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution Wed, 15 Oct 2008 04:43:34 +0000 http://www.duiblog.com/2007/05/22/dui-and-the-presumption-of-guilt-2/#comment-1807 [...] "trial by machine".  If the machine says the blood alcohol level is .08% or higher, the law presumes him to be guilty — and at trial the jury will be so [...] […] "trial by machine".  If the machine says the blood alcohol level is .08% or higher, the law presumes him to be guilty — and at trial the jury will be so […]

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