How to Prove Breathalayzer Accuracy: Falsify the Records

Posted by Lawrence Taylor on October 17th, 2008

One way to make sure that there is no evidence of a breath machine’s inaccuracy and unreliability is to simply make sure there is no record of its false results and failures…even if it means innocent people are convicted.  The main thing is to maintain faith in these devices, right?


Fudged Breathalyzer Tests Questions DUI Arrests

Inspector Turned Machines Off When They Appeared About To Fail Throwing Into Doubt Thousands Of Drunk Driving Citations

Miami, FL.  Oct. 16  –  Defense attorneys were in a Miami courtroom on Thursday seeking a judge’s order to inspect the hard drives of every breathalyzer machine used in Miami-Dade county. 

Before Judge Jose L. Fernandez, attorney Michael Catalano said, "We’re interested to find why she was unplugging breath machines so that she could cover up mistakes and not tell anybody."

This comes after the Florida Department of Law Enforcement fired the examiner who was responsible for testing all the DUI machines, alleging she failed to follow protocol with the inspections.

Defense attorneys contend it is a scandal that puts suspicion over thousands of DUI cases in Monroe, Broward and Miami Dade.

"The number of cases involved could be as many as 10,000 here in Miami-Dade County," attorney Richard Hersch explained to CBS4 reporter Gary Nelson. "The inspector who has been discharged here was on duty for about 18 months before she was discharged."

In a "notice of dismissal", the FDLE accuses analyst Sandra Veiga of having encouraged police agencies to abort tests on Intoxilyzer 8000 machines that were giving questionable results.

"What the inspector was doing," Hersch said, "was unplugging the machine if the inspection was failing, then plugging it back in; that prevented the machines from reporting the malfunctions to Tallahassee."  
 

 Do you really think this only happens in Miami?

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  • koivisto

    This is one that we know about anyway. What gets me is the ones we don’t know about,and believe me there are many.

  • donleedon

    This all pisses me off. I have now been convicted of 2 DWI’s where the cases were borderline if not sketchy. I did not contest the first one, which I should have, but my second I contested and the judge acted not only as the judge, but also the prosecuting attorney. Quite odd that the actual prosecuting attorney in my case was fired within a week of my case for “incompetence”. Most of the arguments against the breathalyzer are forbidden to be brought up in courts here in Arkansas, with the defending attorney facing contempt of court if they are brought up. The judge was the one that made the closing argument in my case after the lawyers were done. I did not pursue it further as the penalty he handed down was for a first and not a second offense, placing me in more jeopardy if I had appealed than I had doled out to me, with a judge and prosecutor that would not miss that this was my second offense and place me in jail for 2 weeks which would cause me to lose my job as I just started and was in my probation period there when all of this came down. To get to where this applies in specific to this blog, both of my cases were within the scientific, not legal, realm of actual BAC being below the legal limit. There is a good chance that if this happened in CA, or even better yet 20 miles to the north in MO, that I would not now have any of this hanging over my head. My advice, stay the hell out of Arkansas and Oklahoma police states. I am sure there are others that are just as bad, but these are the ones I have had either direct or passive experience with.

  • nwarkansas

    the person who posted that was from arkansas is very correct when saying that arkansas and ok are police states. and for now mo is a better place to live. untill the government as we now know it whips them into submission and forces them to become a gustapo police force like most other police forces are becoming.

  • http://www.laduidefenseteam.com joe

    Honestly, if the DA’s of America’s cities and counties lost DUI cases as often as they should, they would lose the fish-in-a-barrel convictions that help pad their “tough on crime” statistics.

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