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	<title>Comments on: How to Overcome Scientific Facts: Pass a Law</title>
	<atom:link href="http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/</link>
	<description>Bad Drunk Driving Laws, False Evidence and a Fading Constitution</description>
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		<title>By: LabMonkey</title>
		<link>http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/comment-page-1/#comment-938</link>
		<dc:creator>LabMonkey</dc:creator>
		<pubDate>Wed, 07 May 2008 23:50:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/#comment-938</guid>
		<description>In states where they have passed a time limit on the perse laws (in an attempt to STOP retrograde extrapolation) the prosecutors themselves are now ASKING for retrogrades.

Case example:

Someone is stopped for DUI, the law says if their BAC/BrAC is over 0.08 within 2 hours of driving they are guilty.  Well in cases where the test is outside of the two hour window, the prosecutors routinely ask police chemists to retrograde back to time of stop + 1 hour 59 minutes.

I&#039;ve even heard of cases where a test taken at nearly two hours after the stop came back just under 0.08, so the prosecutor wanted a short retrograde inside the two hour window that would out the reading above the 0.08 magic number.

They had a law passed to make retrograding ineffective for the defense, stating it was because such a process had &quot;too many variables and wasn&#039;t reliable&quot;.  Once the law was passed, they start using retrogrades for their own benefit.</description>
		<content:encoded><![CDATA[<p>In states where they have passed a time limit on the perse laws (in an attempt to STOP retrograde extrapolation) the prosecutors themselves are now ASKING for retrogrades.</p>
<p>Case example:</p>
<p>Someone is stopped for DUI, the law says if their BAC/BrAC is over 0.08 within 2 hours of driving they are guilty.  Well in cases where the test is outside of the two hour window, the prosecutors routinely ask police chemists to retrograde back to time of stop + 1 hour 59 minutes.</p>
<p>I&#8217;ve even heard of cases where a test taken at nearly two hours after the stop came back just under 0.08, so the prosecutor wanted a short retrograde inside the two hour window that would out the reading above the 0.08 magic number.</p>
<p>They had a law passed to make retrograding ineffective for the defense, stating it was because such a process had &#8220;too many variables and wasn&#8217;t reliable&#8221;.  Once the law was passed, they start using retrogrades for their own benefit.</p>
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		<title>By: Two--Four</title>
		<link>http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/comment-page-1/#comment-821</link>
		<dc:creator>Two--Four</dc:creator>
		<pubDate>Thu, 03 Apr 2008 18:59:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/#comment-821</guid>
		<description>[...] all emphasis original.)  What could any of this possibly have to do with DUI jihad in America?  Figure it out.   Apr 03, 08 &#124; 2:40 pm  AxeBitesVarious guitars I see floating by, mostly Gibson and mostly eBay.  [...]</description>
		<content:encoded><![CDATA[<p>[&#8230;] all emphasis original.)  What could any of this possibly have to do with DUI jihad in America?  Figure it out.   Apr 03, 08 | 2:40 pm  AxeBitesVarious guitars I see floating by, mostly Gibson and mostly eBay.  [&#8230;]</p>
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		<title>By: jim</title>
		<link>http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/comment-page-1/#comment-815</link>
		<dc:creator>jim</dc:creator>
		<pubDate>Wed, 02 Apr 2008 19:30:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/#comment-815</guid>
		<description>LETS SAT, FOR ARGUMENT SAKE, A PERSONS REPORTE POLICE REPORT BAC IS 0.08.

BUT IF THAT BAC IS REPORTERD IN FAC T, AS WEIGHT PER WEIGHT, BUT THE SPECIFIC GRAVITY OF A PERSONS BLOOD IS LESS THE 1.00. THEN THE ACTUALY BAC MAY BE 0.079, THUS MAKING IT LEGAL HE/SHE DROVE.

THE FAC T IS IF THE STATE WANTS TO SPLIT HAIRS HERE, THERE MUST BE EQUAL PROTECTION UNDER THE LAW, AND THE SPEC IFIC GRAVITY OF EACH DEFENDANTS BLOOD MUST BE TAKEN INTO ACCOUNT</description>
		<content:encoded><![CDATA[<p>LETS SAT, FOR ARGUMENT SAKE, A PERSONS REPORTE POLICE REPORT BAC IS 0.08.</p>
<p>BUT IF THAT BAC IS REPORTERD IN FAC T, AS WEIGHT PER WEIGHT, BUT THE SPECIFIC GRAVITY OF A PERSONS BLOOD IS LESS THE 1.00. THEN THE ACTUALY BAC MAY BE 0.079, THUS MAKING IT LEGAL HE/SHE DROVE.</p>
<p>THE FAC T IS IF THE STATE WANTS TO SPLIT HAIRS HERE, THERE MUST BE EQUAL PROTECTION UNDER THE LAW, AND THE SPEC IFIC GRAVITY OF EACH DEFENDANTS BLOOD MUST BE TAKEN INTO ACCOUNT</p>
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		<title>By: jim</title>
		<link>http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/comment-page-1/#comment-814</link>
		<dc:creator>jim</dc:creator>
		<pubDate>Wed, 02 Apr 2008 19:26:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/#comment-814</guid>
		<description>AND I AM TALKING ABOUT ALL EFENDANTS, NOT JUST THE ONES WHIO HAVE AN ATTORNEY WILLING TO MAKE AN ARGUMENT, AND THUS, FOR BORDER LINE CASES GET A PLEA AGREEMENT....

I AM SAYING THAT IT IS THE RIGHT OF ALL DEFENDANTS TO HAVE A STATE LEGISLATURE SAY IN THE STATUTE THAT IT IS 0.08% BAC  W/W OR W/V- PICK ONE ANSD STCK WITH IT.

I AM BESIDE MYSELF IN THIS IDIOCY WITH DUI LEGISLATION</description>
		<content:encoded><![CDATA[<p>AND I AM TALKING ABOUT ALL EFENDANTS, NOT JUST THE ONES WHIO HAVE AN ATTORNEY WILLING TO MAKE AN ARGUMENT, AND THUS, FOR BORDER LINE CASES GET A PLEA AGREEMENT&#8230;.</p>
<p>I AM SAYING THAT IT IS THE RIGHT OF ALL DEFENDANTS TO HAVE A STATE LEGISLATURE SAY IN THE STATUTE THAT IT IS 0.08% BAC  W/W OR W/V- PICK ONE ANSD STCK WITH IT.</p>
<p>I AM BESIDE MYSELF IN THIS IDIOCY WITH DUI LEGISLATION</p>
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		<title>By: jim</title>
		<link>http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/comment-page-1/#comment-813</link>
		<dc:creator>jim</dc:creator>
		<pubDate>Wed, 02 Apr 2008 19:19:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/#comment-813</guid>
		<description>TO BRING MY LAST POST UP FURTHER, IT IS NOT THE DEFENDANTS THAT SPLITRING HAIRS HERE BETWEEN O.N79. 0M80, AND 0.085, IS IT THE STATE, THE LEGISLATURE.

THEREFORE THE LEGISLATURE, MUST DEFINE THE UNITS .

BUT IN NJ AT LEAST THEY DO NOT, THEWY JUST SAY BY WEIGHT.

THAT IS A SCIENTIFIC WRONG.
BAC MUST BE DIFINED AS W/W/ W/V. OR V/V

IT SOUNDS LIKE IN CAILIFORNIA THEY ARE MJAKING THE SAME MISTAKE.

NOW, HIGH COURTS WILL SAY THE 2100-1 RATIO IS A ESTIMATE AND TAKES INTO ACCOUYNT EROOR ON BOTH SIDES, BUT, THEN DEFENDANTS SHGOULD HAV E THE RIGHT TO ARGUE THAT ERROR, AND NOT B E CONVICTED OF A 
&quot;PER SE&quot; VIOLATION, WHEN I FACT THE UNITS ARE NOT EVEN PROPERLY DESCRIBED</description>
		<content:encoded><![CDATA[<p>TO BRING MY LAST POST UP FURTHER, IT IS NOT THE DEFENDANTS THAT SPLITRING HAIRS HERE BETWEEN O.N79. 0M80, AND 0.085, IS IT THE STATE, THE LEGISLATURE.</p>
<p>THEREFORE THE LEGISLATURE, MUST DEFINE THE UNITS .</p>
<p>BUT IN NJ AT LEAST THEY DO NOT, THEWY JUST SAY BY WEIGHT.</p>
<p>THAT IS A SCIENTIFIC WRONG.<br />
BAC MUST BE DIFINED AS W/W/ W/V. OR V/V</p>
<p>IT SOUNDS LIKE IN CAILIFORNIA THEY ARE MJAKING THE SAME MISTAKE.</p>
<p>NOW, HIGH COURTS WILL SAY THE 2100-1 RATIO IS A ESTIMATE AND TAKES INTO ACCOUYNT EROOR ON BOTH SIDES, BUT, THEN DEFENDANTS SHGOULD HAV E THE RIGHT TO ARGUE THAT ERROR, AND NOT B E CONVICTED OF A<br />
&#8220;PER SE&#8221; VIOLATION, WHEN I FACT THE UNITS ARE NOT EVEN PROPERLY DESCRIBED</p>
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		<title>By: jim</title>
		<link>http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/comment-page-1/#comment-812</link>
		<dc:creator>jim</dc:creator>
		<pubDate>Wed, 02 Apr 2008 19:09:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.duiblog.com/2008/04/02/how-to-overcome-scientific-facts-pass-a-law/#comment-812</guid>
		<description>ANOTHEWR point HERE IS, And its a small point, but, ,.... 

you can not just say by weight in blood, thats half the equation,

it should be descibed by w/w. w/v, or v/v.

weight per weight, weight pewr volume. or volume per volume.

unless tha acutauuly take a sample of a persons blood and detertmine the specific gravity of it, the value, by all scientific rights, can not be valid.

wheather you are reporting thec reesults in weight/weight, or weight per volume, you must have either the volume of blood in a persons body, or the sopecofic gravity of that blood, either or.

there needs although to be a line drawn in the sand somewhere.

but please, dont just sat by weight, please indicate weight per weight, or weight per volums, please do not for a minute say to me thar the specific gravity of blood is equal to the specific fravivity of alcohol....

in fact the specific gravity of alcohol is about 0,875, whiled blood is more about 1.0, thats around a 12 percent difference, and wuld actually be significant in this typoe of calculation for the determination of blood alcopho concentration, BAC</description>
		<content:encoded><![CDATA[<p>ANOTHEWR point HERE IS, And its a small point, but, ,&#8230;. </p>
<p>you can not just say by weight in blood, thats half the equation,</p>
<p>it should be descibed by w/w. w/v, or v/v.</p>
<p>weight per weight, weight pewr volume. or volume per volume.</p>
<p>unless tha acutauuly take a sample of a persons blood and detertmine the specific gravity of it, the value, by all scientific rights, can not be valid.</p>
<p>wheather you are reporting thec reesults in weight/weight, or weight per volume, you must have either the volume of blood in a persons body, or the sopecofic gravity of that blood, either or.</p>
<p>there needs although to be a line drawn in the sand somewhere.</p>
<p>but please, dont just sat by weight, please indicate weight per weight, or weight per volums, please do not for a minute say to me thar the specific gravity of blood is equal to the specific fravivity of alcohol&#8230;.</p>
<p>in fact the specific gravity of alcohol is about 0,875, whiled blood is more about 1.0, thats around a 12 percent difference, and wuld actually be significant in this typoe of calculation for the determination of blood alcopho concentration, BAC</p>
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