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Revealing the Flaws in Breathalyzer Testing Procedures in Court

Revealing the Flaws in Breathalyzer Testing Procedures in Court

As DUI defense attorneys know, drivers may have excellent arguments that breathalyzer testing results should be excluded from consideration in court. Flaws in administering and interpreting breath tests abound. Which Kinds of Flaws in Breath Testing Can Be Shown in Court? The list of potential flaws in breath testing for DUI is long: Incorrect directions were given to a driver who takes a breathalyzer; Miscalibrated breathalyzer device used; Broken or old breathalyzer device used; Maintenance procedures for the breathalyzer were not followed; The specific model of breathalyzer has a fatal design flaw; Law enforcement broke the chain of custody for the results; ...

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Even More Problems with Breath Tests

Even More Problems with Breath Tests

Yes, there are even more problems with breath tests than discussed in previous blogs. From making modifications to the Intoxilyzer, the most commonly used breath testing device, to faking records and altering software, the problems with using breath tests as evidence of driving under the influence seem to never end. A surprising case in Florida from a few years ago showcases how even minor modifications to the Breathalyzer can lead to a strong defense to DUI charges in court. Apparently Breathalyzer manufacturer CMI Inc. did not tell the National Highway Traffic Safety Administration that the company had made seventeen modifications to...

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Anonymous Tips and DUI Traffic Stops

Anonymous Tips and DUI Traffic Stops

Can you be arrested for DUI based on an anonymous tip to the police? In a 2014 case, Navarette v. California, 572 U.S. _ (2014), the Supreme Court of the United States said that you can. Depending on the circumstances, an anonymous tip can provide law enforcement with the reasonable suspicion needed to justify a brief investigatory traffic stop. The Navarette case involved an anonymous phone call to the police stating that the caller had been run off the highway at a specific mile marker by a silver Ford F-150 pickup truck. The police soon spotted a vehicle matching that description...

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