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View Full Version : DWI Convictions Due to Faulty Breathalyzer Calibration




Matt Collins
06-12-2010, 01:29 PM
DWI Convictions Due to Faulty Breathalyzer Calibration (http://www.cato-at-liberty.org/2010/06/11/dwi-convictions-due-to-faulty-breathalyzer-calibration/)



http://www.cato-at-liberty.org/2010/06/11/dwi-convictions-due-to-faulty-breathalyzer-calibration/

newbitech
06-12-2010, 06:50 PM
yep its pretty easy to break them also.

Just blow really really really hard the first time. then really really really soft the second time. then really really really hard the 3rd time etc etc..

then let your lawyer get a hold of the results, ask for the last calibration date etc etc, and challenge the callibration data...

ninepointfive
06-12-2010, 07:49 PM
There's no excuse for taxation by citation.

Isn't a DUI and average cost of $10,000 all things considered? Not to mention the inconvenience and loss of liberty.

Kludge
06-12-2010, 08:08 PM
There´s no excuse for drinking and driving.

... Unless you´re an EMP in some weird situation or something...

specsaregood
06-12-2010, 08:11 PM
then let your lawyer get a hold of the results, ask for the last calibration date etc etc, and challenge the callibration data...

I'm still a big fan of the tactic that was working down in FL a few years ago. Where somebody requested the source code for the breathalyzers to verify the math and calibration calculations and since the company wouldn't release it, hundreds of DUI cases were getting thrown out.....

Live_Free_Or_Die
06-12-2010, 08:26 PM
The act of drinking is not a crime
The act of driving is not a crime

However using statist math:
drinking + driving = crime

Kludge
06-12-2010, 08:49 PM
The act of drinking is not a crime
The act of driving is not a crime

However using statist math:
drinking + driving = crime

Putting others at any more risk than necessary is morally reprehensible.

Ninja Homer
06-12-2010, 08:51 PM
There's so many things wrong with DWI laws. Driving while talking on a cell is just as dangerous, but in many places it's still completely legal. If you get a DWI you actually get like 5 charges against you (which is how they get you to plead guilty... if you plead guilty to 1 of them then they'll drop the other 4). Breathalyzers are faulty. Different people have different limits before their driving is impaired (I've met plenty of people that really shouldn't drive after a single drink). Even if you're driving fine and safely, if you get pulled over and their little electric thingy says you can't, then you're in some serious trouble.

The worst DWI laws are that you can get them for riding anything now... bike, lawn mower, horse, etc. Who the hell are you going to hurt by riding a bike drunk? My friend's brother used to ride his bike to the bar, just because he knew he'd be getting drunk and didn't want to get in an accident. Sure enough, one night he got a DWI for it.

If you get a police model breathalyzer, you CAN learn to beat them. The trick is to fill up your cheeks with air and blow out just the air that's in your mouth, rather than breathing out with air from your lungs. Unless you just had a shot before you started driving... then you're all kinds of screwed, because you'll fail a breathalyzer even if that's the only thing you've had to drink all night.

The safest thing to do is to just drink at home. That's what I do, and it's a hell of a lot cheaper anyway.

/rant :)

Live_Free_Or_Die
06-12-2010, 11:17 PM
Putting others at any more risk than necessary is morally reprehensible.

The act of taking risk is not a crime.
The act of interacting with others is not a crime.

Again using statist math:
Risk(Others) = Crime

I think it goes something like this...
Don't tread on ma constitutional right to bez safe! :rolleyes:

Kludge
06-12-2010, 11:19 PM
The act of taking risk is not a crime.
The act of interacting with others is not a crime.

Again using statist math:
Risk(Others) = Crime

I think it goes something like this... D
Don't tread on ma constitutional right to bez safe! :rolleyes:

Morality has nothing to do with the government.

Putting others at unnecessary risk necessarily makes you an asshole and those who drink and drive deserve far more scorn than those who take drunk drivers off the road, even if done poorly.

Live_Free_Or_Die
06-12-2010, 11:31 PM
Morality has nothing to do with the government.

Why would an act that has no victim or property damage be criminalized?



Putting others at unnecessary risk necessarily makes you an asshole

Agree



and those who drink and drive deserve far more scorn

Agree, and would add ought to carry a harsher penalty in the interest of justice in the event of personal injury or property damage.



than those who take drunk drivers off the road, even if done poorly.

Disagree. I think those who persecute and advocate victimless crime deserve equal scorn.

I was hoping you had another victimless reply to perform more statist math. I confess my statist math examples cracked me up. :D

Kludge
06-12-2010, 11:45 PM
*:( but with more scorn*

I am an anarchist.

Live_Free_Or_Die
06-13-2010, 12:21 AM
*:( but with more scorn*

I am an anarchist.

I am not following... please clarify...

Matt Collins
06-13-2010, 08:53 AM
Top 5 ways to avoid a DWI conviction:

http://mooredefenselaw.com/2010/02/top-five-ways-to-avoid-a-dui-conviction/


.

Icymudpuppy
06-13-2010, 09:08 AM
There's so many things wrong with DWI laws. Driving while talking on a cell is just as dangerous, but in many places it's still completely legal.

Not true.

Cell phone use is just as likely to cause an accident, but is not as dangerous.

Most cell phone related accidents are minor fendor benders. Typically parking lot, and rear-ending at stop lights. Cell phone use is distracting, but doesn't decrease reaction time, and it doesn't affect judgement.

Alcohol on the other hand is much more likely to cause severe life threatening accidents at high speed as the driver doesn't even know how fast they are going.

Also, at least in my state Cell phone use is illegal unless you have a hands free device.

virgil47
06-13-2010, 10:30 AM
Not true.

Cell phone use is just as likely to cause an accident, but is not as dangerous.

Most cell phone related accidents are minor fendor benders. Typically parking lot, and rear-ending at stop lights. Cell phone use is distracting, but doesn't decrease reaction time, and it doesn't affect judgement.

Alcohol on the other hand is much more likely to cause severe life threatening accidents at high speed as the driver doesn't even know how fast they are going.

Also, at least in my state Cell phone use is illegal unless you have a hands free device.

However you forgot to mention that cell phone usage while driving can and does cause many motorcyclist fatalities. A simple fender bender between autos is one thing but throw a motorcycle into the mix and you are looking at major injuries or deaths.

t0rnado
06-13-2010, 10:55 AM
DWI law are a fucking joke. You aren't impeding upon anyone's rights by simply driving with a substance in your blood stream. Until you crash into them, there has been no aggression or use of force.

roho76
06-13-2010, 11:20 AM
Putting others at any more risk than necessary is morally reprehensible.

I am not a fan of drinking and driving but if there is no victim when driving home after drinking should it be a crime? Should people who have guns on them be thrown in jail even though they're not shooting anybody but it might happen? Should old people be put in jail for driving their car down the highway because they could possibly have a heart attack, run off the road and kill someone? Should everything be illegal just so there are never any victims, ever?

We should just destroy the human race so as to not have a human hurt by another? I love slippery slopes.

Kludge
06-13-2010, 11:23 AM
I´m a FUCKING ANARCHIST!


*ahem*

ninepointfive
06-13-2010, 11:31 AM
the only crime here is that the instruments are calibrated to return a false positive. .08 is currently defined as the legal limit, so as long as you are certifiably under that limit, society deems you fit to drive.

I don't think anyone is advocating driving drunk. I certainly am not.