Comments on: Ohio Rejects Popular Breathalyzer: Accuracy Challenged http://www.duiblog.com/2008/12/02/ohio-rejects-popular-breathalyzer-accuracy-challenged/ Bad Drunk Driving Laws, False Evidence and a Fading Constitution Fri, 24 May 2013 04:52:57 +0000 hourly 1 http://wordpress.org/?v=3.4.2 By: RichardAlan http://www.duiblog.com/2008/12/02/ohio-rejects-popular-breathalyzer-accuracy-challenged/comment-page-1/#comment-1995 RichardAlan Thu, 04 Dec 2008 19:25:08 +0000 http://www.duiblog.com/?p=1265#comment-1995 It's extremely difficult to deal with 'Fantasy Make Believe, or Alice In Wonderland" type of mentality from the police, the courts, and the DMV. Yes one breath and your life is destroyed. I'm sitting in my home, Hiding from what? I don't really know, the truth is my creditors are calling, I have not paid my bills in 9 months, I have no income to pay rent, no job I can apply for to supplement my loss, because my license is suspended, lost my business... $85,000 of income gone, Just had my phone shut off.... all for driving down the highway, being tailgated with high-beams and accused of this make believe fantasy that I had to defend myself from.... It's been over a year since the stop, and I'm not able to make myself whole again. All of this has happened to me, and my case was dismissed.... it's the tyranny of the DMV absent a conviction and or due process. At least I wake up, piss, crap, and can eat. It’s extremely difficult to deal with ‘Fantasy Make Believe, or Alice In Wonderland” type of mentality from the police, the courts, and the DMV.

Yes one breath and your life is destroyed.
I’m sitting in my home, Hiding from what?
I don’t really know, the truth is my creditors are calling, I have not paid my bills in 9 months, I have no income to pay rent, no job I can apply for to supplement my loss, because my license is suspended, lost my business… $85,000 of income gone,

Just had my phone shut off…. all for driving down the highway, being tailgated with high-beams and accused of this make believe fantasy that I had to defend myself from….

It’s been over a year since the stop, and I’m not able to make myself whole again.

All of this has happened to me, and my case was dismissed…. it’s the tyranny of the DMV absent a conviction and or due process.

At least I wake up, piss, crap, and can eat.

]]> By: David W http://www.duiblog.com/2008/12/02/ohio-rejects-popular-breathalyzer-accuracy-challenged/comment-page-1/#comment-1994 David W Thu, 04 Dec 2008 16:50:12 +0000 http://www.duiblog.com/?p=1265#comment-1994 It is good news overall, but it still doesn't help Ohio's populace if they get charged and the machines are not calibrated properly or tampered with in the process. I just fail to believe their ruling that challenging the machines accuracy and readings is not allowed. That is conviction by a machine. It is good news overall, but it still doesn’t help Ohio’s populace if they get charged and the machines are not calibrated properly or tampered with in the process.

I just fail to believe their ruling that challenging the machines accuracy and readings is not allowed. That is conviction by a machine.

]]> By: joe http://www.duiblog.com/2008/12/02/ohio-rejects-popular-breathalyzer-accuracy-challenged/comment-page-1/#comment-1993 joe Thu, 04 Dec 2008 16:13:42 +0000 http://www.duiblog.com/?p=1265#comment-1993 This is great news, and hopefully more states will increase their scrutiny of these machines. There needs to be complete transparency within those companies to let the public know why one breath could lead to years of legal and DMV troubles. This is great news, and hopefully more states will increase their scrutiny of these machines. There needs to be complete transparency within those companies to let the public know why one breath could lead to years of legal and DMV troubles.

]]> By: standup http://www.duiblog.com/2008/12/02/ohio-rejects-popular-breathalyzer-accuracy-challenged/comment-page-1/#comment-1992 standup Wed, 03 Dec 2008 14:24:38 +0000 http://www.duiblog.com/?p=1265#comment-1992 I can almost understand what makes terrorists become terrorists... I can almost understand what makes terrorists become terrorists…

]]> By: David W http://www.duiblog.com/2008/12/02/ohio-rejects-popular-breathalyzer-accuracy-challenged/comment-page-1/#comment-1991 David W Wed, 03 Dec 2008 07:41:45 +0000 http://www.duiblog.com/?p=1265#comment-1991 Oh, and let me repeat that last paragraph in the news story: (Public Safety Department counsel Joshua) Engel predicted "we will not see any lawsuits in Ohio" because the Ohio Supreme Court established in an earlier ruling that the accuracy of drunken driving testing machines could not be brought up as a defense. What? An American citizen accused of driving over .08% is not permitted to question the accuracy of the machine — the only blood-alcohol evidence in the case? Yep. Ohio is the only state in the country saying that if a breath machine is approved for use by the State, it’s accuracy cannot be challenged in court. A ruling like that in the land of the "free"? Certainly says alot about the condition of our protections and democracy. Are the Justices in Ohio related to the one's in California? Sure sounds like it. Oh, and let me repeat that last paragraph in the news story:

(Public Safety Department counsel Joshua) Engel predicted “we will not see any lawsuits in Ohio” because the Ohio Supreme Court established in an earlier ruling that the accuracy of drunken driving testing machines could not be brought up as a defense.

What? An American citizen accused of driving over .08% is not permitted to question the accuracy of the machine — the only blood-alcohol evidence in the case?

Yep. Ohio is the only state in the country saying that if a breath machine is approved for use by the State, it’s accuracy cannot be challenged in court.

A ruling like that in the land of the “free”? Certainly says alot about the condition of our protections and democracy.

Are the Justices in Ohio related to the one’s in California? Sure sounds like it.

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