Answer; because the dui evidence police gather can show the “Malfeasance” and civil rights violations, which open a personal lawsuit towards the Police officer and his family including the police agency, and even the DMV.

In my case the police video alleged DUI evidence was “lost, stolen, or destroyed” which would have shown “Malfeasance” by law enforcement, (a public servant on a private citizen), including the “Malfeasance” of the CHP officer (s) which was the impetus of why I refused to speak, only answered with the word “no” and invoked my 4th and 5th Amendment rights. By the way there was two CHP units with two Video recordings from each police vehicle.

My Alleged DUI evidence was so damning to police officials that it simply did not exist according to the CHP and would have allowed me to sue the CHP, and the DMV,

Instead it all stopped in court with a plea of no contest to a non alcohol related traffic offense. The DMV upheld the suspension for my refusal absent a court conviction, based on hearsay written on a police report by a malfeasant CHP officer.

That is one reason why police destroy Alleged DUI evidence.

I have proof from the DMV of my impeccable perfect safety professional driving record, now I have a bogus document from the DMV that says my license is suspended for allegedly refusing a chemical test. Had the DMV got to review my alleged DUI evidence provided by the CHP my refusal would have been set aside.

Now I can’t drive, my driving history is perfect, I have no criminal record, and because the police destroyed this most important evidence they get to punish me for their “Malfeasance”

It makes absolutely no sense, absolutely none.

Good news is the fatal bus crash driver up in Sacramento was not DUI. But the police arrested him anyway for some trumped up violation regarding his license ….? Remember how the CHP, the media, and the public jumped the gun and already convicted the driver absent “Due Process’?

There needs to be better more realistic DUI laws in this country. And it’s up to the Defense Lawyers to make it happen and Mr. Taylor is doing a great job getting the ball rolling,

Thank you Mr. Taylor for listening, and your blog too.

Everyone try to have a great Holiday Season and don’t go near a vehicle even if you’ve had a thimble full of alcohol…….

The state has other reasons why they can’t just save the breath in a balloon and let us re-test it.

Although the law talks about ”.08 grams of alcohol per 210 liters of breath”, they aren’t interested in full liters of breath, or even a full breath. All they are testing for is the peak breath level, which they tend to find at the end of an exhalation.

In their calculations, the machines are programmed to disregard the early part of the exhale, which will tend to be lower than the later part. In fact, the Intoxilyzer 5000 machine, still being used in Virginia, but soon to be phased out, actually watches the BAC as it rises during the exhalation, and then takes the peak BAC, once it levels out. Any lower BAC seen earlier in the sample is ignored, and this is considered normal by the programming.

Common sense would suggest that they would take the entire breath, and then calculate an aggregate BAC for the entire breath. Of course, common sense doesn’t apply in DUI enforcement.

Paul McGlone
pmcglone@mcglonelaw.com
McGlone Law Firm
4118 Leonard Drive
Fairfax, VA 22030
703-273-2750

http://www.reportbadcops.com/