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Intoxilyzer 8000 Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "Intoxilyzer 8000" (Page 5)

Residual Mouth Alcohol and Gastroesophogeal Reflux

Undetected, raw, unabsorbed alcohol in the mouth may falsely elevate the results of a breath test. This residual mouth alcohol (RMA) can come from items ingested just prior to the test, from regurgitated (burped) air from the stomach, or from gastroesophogeal reflux.  Ohio testing protocol attempts to guard against this testing flaw by requiring officers to observe the defendant for twenty minutes prior to the test.  They look for burping, vomiting or any ingestion of items into the mouth.  Lazy observation by the police officer...

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Intoxilyer 8000: Costs High and Implementation Slow

[caption id="" align="alignright" width="240" caption="Image by OregonDOT via Flickr"][/caption]By James NashTHE COLUMBUS DISPATCH In the nine months since state officials unveiled a new device hailed as a potent new weapon against drunken driving, the equipment has been used rarely and only in a few rural and suburban pockets of Ohio. A federal grant provided $7 million to buy 710 portable breath testers in December 2008 despite warnings from attorneys, local judges and some scientists that the machines were unreliable and vulnerable to legal challenges.The Intoxilyzer 8000 made its debut in Clermont County in May. Since then, the instrument has been used just 1,116...

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Dayton DUI Treatise: What is an Invalid Sample Reading?

The following article appears on www.AVVO.com.  Please visit me on AVVO where I have earned a 10/10 rating.Written by: Charles Melville Rowland II Fairborn, OH  |  Avvo Rating: 10.0  |  Client Reviews (2)  Add to list Print Send to a friend Share thisThe Problem “I was standing by the machine. It beeped and the officer told me to blow. I blew and blew. The officer got really mad and told me that I was messing with the machine. He said I had to do it again. He took out one ticket and put in another. The next time I blew again…really hard. He told me that I...

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Breath Testing: What an “INVALID SAMPLE” reading means on a BAC DataMaster

“INVALID SAMPLE” WHAT IT IS AND WHAT IT IS NOT “I was standing by the machine.  It beeped and the officer told me to blow.  I blew and blew.  The officer got really mad and told me that I was messing with the machine.  He said I had to do it again.  The next time I blew again…really hard.  He told me that I was being difficult and told me that he was going to say I was refusing to take the test.  This was horrible.”-Client Testimonial-WHAT AN INVALID SAMPLE IS NOTAfter hearing a story like the one above, the client hands you two pink BAC DataMaster tickets...

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Challenging the Breath Test (Part I)

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Ohio classifies DUI in two ways.  The first offense 4511.19(A)(1)(a) is the old fashion notion that you are "under the influence" of alcohol or drugs.  This definition is subject to expansion by the prosecution and is scrupulously narrowed by the defense.  Other portions of the statute deal with "per se" violations, known as breath test cases (blowing over the limit).  These two types of cases are very different and will be analyzed differently by competent DUI counsel.Ohio has judicially recognized rules and procedures to ensure the...

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Mastering Scientific Evidence in DUI

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Today, I am leaving for the 16th annual "Mastering Scientific Evidence in DUI/DWI Cases" which takes place in beautiful New Orleans, Louisiana.  This three-day seminar will cover topics such as GERD: How it causes false positive results; Disconnect Defenses; Source Code updates; Ignition Interlock devices and the Rising Alcohol Defense.  The seminar will culminate with a mock trial of a breath test case.  If you have any questions for me please call my 24-hour number at 937-776-2671 and I will get back to you. ...

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Ohio Senate Re-thinks Inotxilyzer 8000 No-Bid Contract

COLUMBUS -- A state senator who sits on a board that this week approved without comment spending $6.4 million for new drunken driving testing machines now says he wants the purchase to be reconsidered.Sen. John Carey, a Jackson County Republican, is concerned the Ohio Controlling Board acted too hastily after he learned from reports in The Plain Dealer this week that several states have dismissed or delayed thousands of drunken driving cases because of questions about the accuracy of the Intoxilyzer 8000.Carey also said he is concerned about lawsuits against the company that...

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Ohio to Purchase Intoxilyzer 8000

COLUMBUS -- State officials on Monday agreed to spend $6.4 million on a controversial brand of portable breathalyzer machines that have resulted in hundreds of drunken driving cases across the country being dropped.In fact, the president of the company that makes the Intoxilyzer 8000, faces a contempt hearing next week in Arizona for not complying with a judges order to reveal the machines software to prove whether it produces reliable blood-alcohol readings.The company, CMI Inc. of Owensboro, Ky., has racked up more than $2 million in fines -- and counting -- in Florida...

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