http://www.duiblog.com/2012/08/29/is-a-citizen-accused-of-dui-permitted-to-defend-himself-with-scientific-facts/ Bad Drunk Driving Laws, False Evidence and a Fading Constitution Mon, 17 Jun 2013 18:45:33 +0000 hourly 1 http://wordpress.org/?v=3.4.2 http://www.duiblog.com/2012/08/29/is-a-citizen-accused-of-dui-permitted-to-defend-himself-with-scientific-facts/comment-page-1/#comment-106736 Daniel Garcia Mon, 22 Oct 2012 13:05:55 +0000 http://www.duiblog.com/?p=3521#comment-106736 I think that all Dui's/ Dwi's Should be based on a blood test. Not only for the clearance of the driver but the also for Clearance on the Peace officer or State official as well. If you were to be convicted of DUI where is the proof for both ends?  Now that the new law has passed for "blood Test" it is better for the one being convicted, so he/she will notice that the states are not just giving a slap on the hand anymore. It was easier on drivers when they knew they can do it over and over again. Now the laws have changed, it can save more lives of the inocent. I think that all Dui's/ Dwi's Should be based on a blood test. Not only for the clearance of the driver but the also for Clearance on the Peace officer or State official as well. If you were to be convicted of DUI where is the proof for both ends?  Now that the new law has passed for "blood Test" it is better for the one being convicted, so he/she will notice that the states are not just giving a slap on the hand anymore. It was easier on drivers when they knew they can do it over and over again. Now the laws have changed, it can save more lives of the inocent.

]]> http://www.duiblog.com/2012/08/29/is-a-citizen-accused-of-dui-permitted-to-defend-himself-with-scientific-facts/comment-page-1/#comment-86675 denise sanchez Wed, 19 Sep 2012 09:22:50 +0000 http://www.duiblog.com/?p=3521#comment-86675 Its about time they made more laws for D.W.I People have gotten away with it and thats y they keep doing it over and over again. They r to easy on them and give to many chances. Its about time they made more laws for D.W.I People have gotten away with it and thats y they keep doing it over and over again. They r to easy on them and give to many chances.

]]> http://www.duiblog.com/2012/08/29/is-a-citizen-accused-of-dui-permitted-to-defend-himself-with-scientific-facts/comment-page-1/#comment-81819 Tim Mon, 03 Sep 2012 16:08:39 +0000 http://www.duiblog.com/?p=3521#comment-81819 I think ALL DUI's should require a blood test only and not a breathalyzer. This would perhaps force police to only follow through on the more serious cases and not for the typical casual social drinker who has a low BAC. The breathalyzer is unreliable and way too convenient for the police and courts. I think ALL DUI’s should require a blood test only and not a breathalyzer. This would perhaps force police to only follow through on the more serious cases and not for the typical casual social drinker who has a low BAC. The breathalyzer is unreliable and way too convenient for the police and courts.

]]> http://www.duiblog.com/2012/08/29/is-a-citizen-accused-of-dui-permitted-to-defend-himself-with-scientific-facts/comment-page-1/#comment-81334 DUI-The Constitution Need Not Apply Thu, 30 Aug 2012 03:25:13 +0000 http://www.duiblog.com/?p=3521#comment-81334 I was encouraged that the court had the sense to reference your book in attempting to arrive at a fair ruling...but then I read the last paragraph of your article. A 'retreat from logic' is exactly what they've done by not allowing the partition ratio evidence to be admissible to the charge of driving over .08%. That's the only charge to which that evidence is relevant! Would it not be pointless to spend the time and effort building a partition ratio defense against a charge of 'impaired' or 'under the influence' where the prosecution can us other competent evidence to convict? Once again the state gets to have their cake and eat it too. The deputy DA needn't complain so much...the court still has his back. I was encouraged that the court had the sense to reference your book in attempting to arrive at a fair ruling…but then I read the last paragraph of your article. A ‘retreat from logic’ is exactly what they’ve done by not allowing the partition ratio evidence to be admissible to the charge of driving over .08%. That’s the only charge to which that evidence is relevant! Would it not be pointless to spend the time and effort building a partition ratio defense against a charge of ‘impaired’ or ‘under the influence’ where the prosecution can us other competent evidence to convict? Once again the state gets to have their cake and eat it too. The deputy DA needn’t complain so much…the court still has his back.

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