Cops Cheating on Breath Test Exams

Posted by Lawrence Taylor on July 17th, 2008

In the Who-will-guard-the-guardians? department:

Inspector General: Canton Troopers Cheated on Breathalyzer Exams

Columbus, OH.  AP, July 17  -  An Ohio Inspector General report says state troopers assigned to the Highway Patrol’s Canton post cheated on yearly exams required for law enforcement officers who give breathalyzer tests.

The report says Trooper Anthony Maroon made copies of an exam he took in 2007 and shared answers with other troopers when he retook the test in April.

The report also says there was evidence of related cheating by troopers on tests given on four other dates in 2007 and 2008.

The inspector general says six troopers cheated on exams, another trooper received exam answers from Maroon and five patrol sergeants knew about the cheating but didn’t intervene.

I wonder how many citizens have been convicted based on breath tests given by cops like these?

(Thanks to Andre at The Newspaper.)


    that is to say, shoulkdnt the police, any police office rewquired to perform a breath testr, know how to do it, or should it be a blind crap shoot. now, of course, actually passing answers out in a terst room environment during a terst is wrong, but i do not feel it is wrong to give out the answers before the trsst. this differentiatiuon was not made in the article.
    furthermore, i want to know what percent of people caught cheating were african amerivcan as to african american police, and what percent were white, as tro white police…
    this is a huge issue in nj right now, as nj state trppoers , a group of black troppers, are bringing a law suit for discrimination atr this time about promotions on the high level end of state police. that is to say, not trpooer 2 to tropper 2, but from sgtr to luietentant, of to captain, ectectect….
    most nj police, have their jobs, becvause they have strong family politically connections, or have personbal political connections.
    for a judge to make a finding like this,……. i think we must dig depper into it, and prove it was not rac ial,or politicaly motivated…. because as i have satated, everyone needs tro know the answers before they take the test, or it becomes a guessing game.


    i will take it even one step futher, it is to defendants benefit that police offices know that answers and follow the proper protocol, and if the state of ohio wants to argue the police should not know the answers, that they do not want them to know the answers, well, then, that is even a much beerter defense startegy in the state of ohio, cause now you have the attorney general general of ogio saying that he did not want ohio police to know answers on how to conduct breath tests. IT IS A THING OF BEAUTY

  • standup

    There’s not even a modicum of doubt in my mind that having IIDs in every car would have prevented this.
    Jim, when you get home, if your phone doesn’t ring, it’s me…

  • RichardAlan

    Please post this….

    A Private citizen accused of an Alleged DUI has case dismissed.
    April 23, 2008 San Fernando CA. By L.A.Access

    Mr. Richard White
    –A great American citizen, Teamster and proud American patriot stands up, with pride, courage, strength, and wisdom in support of the United States Constitution.

    Willing to sacrifice everything he’s worked for in support of his fellow Americans.

    With the support of MADD (Mothers Against Drunk Driving) and tyrannical law enforcement officers stopping vehicles for simply driving down the highway and without reasonable or probable cause, one man’s wisdom and courage invokes his 4th and 5th amendment
    rights during a traffic stop and offers no evidence to law enforcement based on these rights regarding an illegal search and seizure.

    Now with the threat of his 14th Amendment rights at stake by the DMV, the DMV is in violation of his privileges and property as guaranteed by the 14th Amendment. With the DMV a separate agency from the courts, this agency has successfully rewritten the Constitution with a little word called; “implied consent”, only proof of this illegal stop will exonerate him.

    He requested a jury trail and the police video as to show both the courts and the DMV that this private citizen was not speeding, as alleged by law enforcement and the reason for the stop which lead to these false allegations. Without this police evidence there is no case, with this police evidence there is no case. The prosecution is basically backed into a corner. Case was dismissed to a lesser non alcohol related charge of a traffic violation.

    Had he been given this evidence by police Mr. White would have shown the DMV officer during a hearing that there was no probable cause for the stop, he was not speeding (the impetus of the stop), and that by not offering any evidence based on his 5th Amendment rights, “not to incriminate” himself by blowing into an unreliable machine based on voodoo science, or performing an unreliable FST test, would have still shown no probable cause, and would cancel out everything that occurred after the stop.

    In this case with the police video footage which would show the suspect driving 47 mph in a 45 mph zone, and a police report filed allegedly accusing the suspect of traveling 60 mph in a 45 mph zone, would prove the police officer as a bit less than truthful? Or how about just flat out dishonest? Perhaps perjury on an official document? Did law enforcement cover this one up so as to keep this from hitting the media? Or perhaps protecting their own? Remember the old saying; “If they weren’t police officers they’d be criminals”

    Of course there are always bad apples that spoil the whole bunch, and good honest officers do exist.

    Intriguing how the police somehow lost this most valuable evidence in this case, with this video evidence Mr. White may have retained his license. Instead it was taken for one year based on manipulation, a dishonest police officer, and an “Anti-American law” that rewrites the Constitution, it’s called “Implied Consent” or “guilty until proven innocent”, or a “lack of due process” absent a conviction in this case.

    Still facing this “implied consent” or unreasonable bribe by the Government, amazingly he invoked his 4th and 5th Amendment rights, as a proud American, and Great American Patriot. Standing up for all of us, and the men and women who’ve died for our freedoms during wartime defending our US Constitution. Curiously during his court appearance there was not one representative of MADD in court, not one. This makes sense, is MADD terrified of these great Americans? They should be, they have millions to lose.

    It appears that MADD is one of the most ANTI American, Anti Patriotic organizations in this country destroying our Constitution, bit by bit, word for word to suit their own agenda. Of course no one wants drunks driving on the road, so one might ask; how tyrannical are we allowed to get without re-writing or violating the United States Constitution? what’s the right answer to this tough question?

    Mr. White is one of many great Americans that invoke his/her 4th and 5th Amendment rights during these types of traffic stops, avoiding the tyrannical laws such as these. We need more private citizens to stand up like this, if everyone invoked his her rights we’d shut down the tyranny regarding these outrageous dui laws and take back an already eroding Constitution.

    Where is that police video? We will never know.

    He was not found guilty of the crime, some will argue he was found guilty of invoking his Constitutional rights, i.e. “refusing” according to the bogus DMV implied consent law, –and that my friends would simply be Anti-American and Un Constitutional.

    Source: L.A. Access

  • koivisto

    I have met the enemy and he is us? No doubt this type of thing goes on not only in the police field. Amerika has lost it’s way and appearances mean more than actual value. Standup, that was a funny one, but Jim has pretty thick skin. He does come from a different viewpoint at times, but I read his responses and try and take value where I can.


    have you ever been given a test inj your life on any level where you were not provided the answers before the test?


    standup- yes, i think it would have, if every vehicle had an interlock ignition device, what reason would there even be for the test on how to conduct a breath test? i have put a lot of thought into this, and i think taxpayers would save billions every year, as a whole, if these devices were in place, … add up the cost of this terat in every municipality in the nation alone

  • standup

    Yes Jim, perhaps I have been, I can’t say for sure. I can say that I never cheated on a test of the test that could ruin the rest of somebody’s life. For example,if I cheated on and aced Sister John Rita’s Science test in sixth grade, nobody went to jail, nor spent THOUSANDS of dollars trying to advoid it. Sister John Rita did not have an IID in her car BTW.

  • David W


    What the hell is going on with your case?? Your attorney must have waived your speedy trial rights way back, but I guess part of my question here is: do you have a license at present or not? Was there a refusal issue?

    One thing I do know is NJ has some of the most insane statutes in regard to dui and give no quarter, hence, regardless of right or wrong, the deck is stacked against you. 35 months is really out there though. Something is very wrong and my perception is the system is going to do its best for you to roll over and take what they decided to give you (which would be a nightmare). You need to start making some noise in the Legislature , your local State Rep’s, US Senator and alike as it may be the only thing I can think of that might help. Get people talking and asking questions. This thing is way out of norm.

  • standup

    To #7- I know asking for help on the crossword puzzle is pretty much like cheating,but I’m really stuck here. The “clue” is.”Overdoses on MADD’s Kool-Aid”- J_MH_LC.
    Anyway, to answer your question… Jim, have you tried reading through Mr.Taylor’s past articles and posts here? My God Jim, DUIs on a horse,in a wheelchair,on a bike, PUSHING a disabled car,sleeping in a car, standing next to a car, the list goes on and on. One need not be driving his or her car down the road in order to get a DUI these days. You know it, and I know it. Another thing you and I both know, is that once MADD gets IIDs in every single car, they’ll start whining for some thing or another which will stop drunk driving (Translation, let’s return to Prohibition) Every time you give MADD what they want, they always come back for seconds and thirds. MADD is dead set against personal breath-testers,have been for years. But these IIDs ? they’re like the second coming of Christ to them. Why ? Because MADD has financial interest(s) in them.
    Either these companies have given MADD money to push for the laws,or MADD just has $$ invested in these companies.I dare anyone to prove me wrong on that. Which one(s) ? I don’t know. I sure wish I did, I’d buy stock if possible. I’ve written to MADD and asked them about that, they still haven’t answered the question as usual.


    here are the very brief timeline circumstances, and ill be very brief- arrested in sept 17, 2005, nj supreme court ordered prosecution to proceed to trial on jan 10, 2006, made 14 appearances, august 2007 invoked right to speedy trial in writting in light of the State’s contempt of the court order, and the local court’s obstruction of the court order, nov 2007 I ORALLY STATED my speedy trial rights and told the judge my life was deteriorating because of the delay, march 2008 oral hearing for motion to dismiss denied, april 08 another 3 hours in court for nothing, — case transfered to another municipal court for 15th appearance, attorney no show,– first delay on me … now waiting for 16th appearance… other than the usual speedy trial arguments made, my argument contains the nj supreme court order of jan 10 2006 specifically ordering my case to proceed to trial…..
    i feel i can not do anything until my matter is settled on the municipal level,… then i can go forward in the law division, then the appealate division. note my 14 appearances in the first court were all at a 6pm session, with 100 other defendants plea bargaining, really, at least 100 per session, and there was no way they even intended to trial my case on any of these ocassions…

  • standup

    Jim, if what you say is true, then there’s got to be other cases such as yours. Mobilize these people. David’s right, Jersey has some real insane laws regarding DUI. Stop reading this, and go fire your f##king lawyer.

  • RichardAlan

    Courage, Strength , Wisdom… and a little patience….

    Sorry to hear this Jim. I exercised my 4th and 5th Amendment rights, I’m a professional Mobile Television driver and Transportation coordinator. I in no way feel guilty or embarrased by my experience, in fact I feel empowered to now share my story with the world.

    My trial was delayed only 7 months.

    Jim what they are trying to do to you right now is “Starve you out” they are trying to exhaust you. Sounds like they did it successfully to your first attorney?

    They do this practice in Unions for union jobs as well.

    These are the people that go to school at an early age and learn how to screw uneducated people out of the “quality of life” it applies with Law, medical, politics, people with educations screwing over the people with no education…. It’s the oldest trick in the book.

    the key here for you is to out smart them, you “Starve them out” do not let them know you’re angry, broke or tired… “know your enemy” and become friends with the enemy… In fact tell them if it takes the next 10 years (which it won’t) you want a jusry trial. Contact a Constitutional rights organization tell them your story, contact the media.

    You will succeed…..

    Good luck….

  • David W

    Not sure Jim, Just keep your resolve alive. Like I said, I won my case, yet because of a refusal issue, it took three years to undue their nonsense to get my license back. If I could do it, so can you……………

  • RichardAlan


    Why did it take three years to get your license back? What state are you in? I have a DMV document stating that I will get my license back on April 3, 2009. So there can not be any funny business, or can there be ?

  • David W

    Jim, drop down about 4 posts to the one about”sober and outraged” Read my comment #10. That make the long story short. Its called “REAL DIRTY POOL”!

  • David W

    Btw, I’m in SC…


    richard, i am an educated person, i feel, at least commonly educated with a bs degree in chemistry and liberal arts, and have 20 years experience as an analytical chemist in fda regulated pharma laboratories…
    I disagree with not letting them know i am angry, tired, and dead broke… this is all part of the prejudice set forth against me, i must include this in my barker v wingo argument.. and stress and axiety is very tiring,…and jurt trials are not allowed in nj dui cases, it is only a bench trial in a municipal court, of which nj has over 550 municipal courts, almost one for every town. i have contacted the media, a lot of print media, and no one has any interest in it. like i said before in a post now deleted, i am not guilty, but whethere i was guilty or not guilty , as a matter of law, it is equally important in both instances to afford the defendant a trial, and maybe ever moreso in a case of guilty, but that is debatable.

  • RichardAlan

    I respect that, but, as with anything, for example chess, and poker, do not so any emotion, strictly business. Act like you have all the time in the world… you “Starve the enemy out” you are in control. Give the apperance that you are happy it’s taking 34 months (and you should be) a speedy trial ? what speedy trial?

    There’s an old saying you can apply it to anything in life: “when you get to the end zone, act like you’ve been there before”

    You are in the end zone right now. You have the ball. You are gonna win.

    Good luck.


    see, here in nj if a person is convicted of dui, he must attent what is known as IDRC, intoxicated driver resouce center, as part of the sentence, 100% mandatory… i have nev er been convicted, but from what i have found out, they educated you, test you, talk with you, and if you have a problem, refer you to an appripiate treament center, depending on means, may only be mandatory aa sessions, out patient psyc, or in patient… now,, hypotheticly speaking, as this is a State prgram, if someone was in need of help, isnt withholding a trial from the person, for which we all know the deck is stacked against a defendant, especially a gyuilty one, paramount to withholding State treatment services?

  • David W


    comment # 10, 0.00 sober and outraged. 5 posts down. You don’t have to even been in court to have that crap pulled on you down here….It took me 18 months to get to court only to be found not guilty but 18 more to root the rats out of their holes.

  • RichardAlan


    I read the outraged post, but what exactly did the DMV keep saying to you and doing to hold your license for 3 years? what was the DMV’s excuse or rhetoric?


    it is just a point of view , one of 1000 plus points of view to look at trial delays in nj dui from.
    there was an intesresting case in south jersey last year, where a person got a dui, was very blitzed, but was not sentenced because of state v chun, then drove again drunk and killed someone. this is kinda on the lines i am talking about. and although does not apply directly tro my case, as i am innocent, does apply to my case in general and every citizen of nj. and there are 100’s of sub points here in law, case law, and court rules , in nj, … that being, no matter what the defense is, defense strategey, or anything regarding the defnse, the burden is 100% on the State to initiate a trial, present its evidence, and ask for a judgement. now, in 1984 the supreme court of nj issued a 60 day rule directive for nj dui prosecutions, and on jan 10, 2006, issued an ORDER, ordering all the cases to proceed to trial, in light of state v chun, to clarify what all parties are to do, the burden first being on the State, and 2nd on the court. thne only burden on me was to attend court, which i have 15 times over 35 months!


    and i am really not in the endzone until it is clear i am going to win a 10 million dollar lawsuit against the prosecutor, the judge, the town, and the State. at that point, ill be in the endzone with a righteous victory!

  • David W

    That upon their mandated assessment for refusing which is done by a drug treatment center, that I did not meet the guidelines that would have me attending 16 hours of classes. That me (single father of 4, for the past ten years, no help) was determined that before they would put a stamp on me getting my license back, that I had to attend classes three hours a night ,four nights a week, for two to three months along with $2500 out of my pocket. I asked them who the hell was suppose to care for my children? They said that was not their concern. This was stated within one month of my arrest. I told them to take a hike. In the meantime they broke god knows how may procedures including a stay of suspension when I went for a judicial review of my refusal prior to trial.

    Like I said, justice at it’s best.


    David, that is a clear philosopical question about who would take care of your kids. now, you said you beat the refusal charge,… in nj, it doesnt go like that, and at least, i will defend nj on this point, they do impose any State or Court orders such as these on defendants that are not convicted,… like many other States do. nj at least gives the appearance of judicial integrity , albiet, not real, not not impose penaltys on people just accused of traffic ofdfenses, and in nj, dui is not a crime, it is only a traffic offense…. because of the nj constitution , all crimes are entitled to a jury trial, but they do not want dui in jury trials, so they do not classify dui as a crime. its semantics, but it is relevant.

  • RichardAlan

    Geez, these dui laws need to be Amended.

    Sounds like the innocent are paying for the guilty.

    My case was a refusal, My trial was dismissed, non alcohol related. The DMV in a document said I could go and apply for my c license now.

    The dmv disqualified me from my class A.
    based on no proof and only the statement from the arresting officer that he believed I was dui. So it went from an alleged speeding stop to an alleged dui stop, and was dismissed in court. The police could not prove I was speeding.

    Now if the DMV followed our US Constitution, particularly the 14th amendment, provided due process, and honored our US Court system I would be driving and providing for my family and the great people of the United States.

    Right now I’m making a sign so I can go stand out by the freeway off ramp and pan handle.


    david, maybe a good constitutional attorney, willing to fight for the right cause, can argue a law suit on your behalf for 3 years of no license, in a not guilty situation, this would be a case, as i see it, that even if the the supreme court of your state wanted to hide its wrongdoing, could go to the us supreme court on constitutional rights. i am very srtong minded on this. nj isnt like this, they dont dare impose penalties like this… however, what they do do, is withhold the trials, call you into court 15 times and ongoing… never intend to subject the offices to contitutionally protected cross examination, and wreck peoples lives in this way, which , one could argue, is not upfront, but evil.


    richard, what State is it? you sound like a smart person with time on your hands, … it would not necessarily be impossible to take this pro se to the us supreme court……. as i may have to do as well at some point, at least to make a record…
    for all the nj bashing and misconception on here, nj actually does have the laws, rules and caselaw, all in the defendants coner…. but adhearing to them is totally another thing

  • David W


    In my case, they tried to starve me, it failed. I could sue, but screw them. I don’t have time to dwell with them anymore. I am highly active in the legislative arena and that where my time would be spent best. I know your anger. I had it and still harbor it. Its all money, power, madd moms etc. Well, I had thought of a new site myself:

    DAMM! (DADS AGAINST MADD MOMS). You know why? Because I’m probably a better mom than they could ever be and carry the other side of the equation as well.

    Your case? Sounds like major civil rights violations…. Me, like I said , I could, but to do so would divert from the all important message that MADD sends out on a daily basis. IT’S FOR OUR CHILDREN!

    Hipocriyts(sp).. Got to go,,,grocery and all…4 faces to feed,smiles


  • RichardAlan

    I’m in California. No time and resources to waste fighting for the rights of the people right now.

    Just wait, time and patience my friend. Try to find something, get creative.

    In due time there will be a class action lawsuit in regards to these outrageous DUI laws, It will happen, it’s only been 28 years for MADD to seep into out legal system and erode our justice system, and try to destroy our Constitution.

    I will bet that in the next 25 years this tyranny will be reversed or amended to a better more reasonable approach.

    visit the National Motorist Association here:

    They are for the people and the freedoms, and are watching MADD and everyone else in contempt of our great Constitution.


    MADD is not relev ant in NJ. bELIEVE ME, I HAVE RESEARCHED UP AND DOWN EVERY POINT OF LAW AND ARTICLE , FROM EVERY POINT OF VIEW, AND MADD is simply not relevant in nj. NJ actually gives the appearance of being fair to defendants, belive it or not, … and that is why there are thousands of dui defense attorneys in nj to service a total population of 15 million residents. and trhat is what makes my argument so strong… becauase of the appearant rights of the defendant supported by law, court rules, case law, and the nj supreme court, one would trhink that all this needed to be upheld and supported. in my case, as i have read hundreds of appealate decisions regarding speedy trail with dui, i have to say, it will not be an easy win for me, i have to show prejudice on both sides, to the law and fundamental court proceeedings, as well as to personal, stress and anxiety, the length of delay is clear, the reason, well, what reason can there be to not obey an ORDER from the nj supreme court, … , and of course i have invoked my right to a speedy trial in writting and orally. however, i do feel that because my rights were violated in this way, that every citizen of nj had their rights violsated, and i am willing to go ahead and argue and show why.

  • David W


    MADD is there, I took three weeks of telemarketing calls from them without answering until I had my daughter ask them why they keep disturbing us.. Don’t be fooled. Why do you think the laws up there are so insane?

  • RichardAlan

    These boys and girls are watching there every move.

    In my trial there was not one representatvie of MADD in the court room, not one. My trial was no good for MADDs agenda. It was here in Los Angeles.

    I’m off to court to go pay $150 court fine.
    Lord have mercy…

    see you on the side of the freeway my friends pan handling, do any of you have any good suggestions like; will work for food, or “not guilty but broke please help”

  • standup

    Richard, How about, “Honk if you love our Constitution, throw money to stop MADD from burning it” !

  • standup

    Jim, Is Jersey one of those states that does not allow a jury trial for a DUI case ? Does N.J. allow for Nazi-style roadblocks ?

  • David W


    I’m sure you’ve done lots of homework. I was eyeballing Appellete and Supreme court rulings in both NH and NJ. In one for NH, they quoted that one only had to be read his rights, but evidence that the subject under investigation understood them was not admissable.

    This was 2 years ago. Mainly in the refusal end but NJ flat out rocked my boat compared to the rest of what I searched during that time frame.


    standup, i adressed this earlier, maybe it was deleted,….. nj does not allow or want jury trials for dui, thats is why they can not designate dui as a crime, only a traffic offense…
    yes, we have dui roadblocks in nj, i encountered a dui roadblock stop in 2 in my lifetime…. have to give license, insurance, resistration cards, and be asked where you are coming from and where you are going,…. everything in order, you are on your way…
    i do bnot necessarly diagree with this…. it is a minor inconvience for those going from point a to point b , maybe 1 out of a million times they drive down the road. no jurey trial, just a municipasl court bench trial, is what mazes they delay in my case even more wrong.


    david, well, refusal in nj is a slam dunk, unless you can prove you were driving a car. whgich, bewkieve it or not, some people are charged that were not driving a car,….. as far as bicyckles and lawnmowers, that is not relevant in nj, nj dont do that…. nj is actually a good state on paper for dui, but it is in how the law is applied…


    david, we gott some nj dui defense attorneys claiming a 70% suceess rate, .. that is, those charged with dui are not untimatrley convicted of dui…. bj is definitivley a defvese orientated State, this is no doubt about that. my first attorneys claims he has has over 400 people with dui not convicted of dui… this is one attorney of multiple of thoysands of attorneys in nj….

  • David W

    If I finance you and you win,,,do I get a cut??


  • RichardAlan

    That one is good,
    Honk if you love our constitution. I could make a sign stand out by the freeway for the next 8 months, have a friend print out a short flyer with my story on it and pan handle, wearing a suit and tie, handing out my story to everyone who donates… This is a great creative Idea.

    I used to make around $5,000 to $6,000 a month in mobile television transportation. I have not worked since April 3, of 2008.

    Losing my ass, and guess what my case was dismissed in a court of law. Absent this conviction the DMV makes up their own Constitution one in which you are guilty until proven innocent.

    I’ve never experienced anything like this in my life. Thank God we have a court system.

    The DMV is kind of Anti American..?

    Just got back from court without my measley $150 fine. They gave me a 30 day extension.

    All of this just because I was driving/operating a motor vehicle down a highway at night with a perfect driving record.

    IAmazing country we live in on both side of the story. i.e. Getting stopped with no probable cause, then having to use the legal system to defend ones self …

    t was an over “zaelous” police officer that caused this reaction, he pulled over the wrong guy, he should have looked the other way has I safely passed him and went about his business elswhere.

    anyways look for me on the news I’m the guy in a suit and tie pan handling by the freeway for the strength of our Constitution….

  • standup

    Jim, according to MADD N.J. home web site,not only is DUI a crime, it is a violent crime. Even though the U.S. Supreme Court says its not, MADD as usual knows best. Keeping that in mind, is MADD behind the no jury idea in N.J. ? (Hey, I just made a phunny, N.J.= No Jury)