Interesting People mailing list archives
more on Breathalyzers and Open Source
From: David Farber <dave () farber net>
Date: Fri, 28 Oct 2005 19:04:03 -0400
Begin forwarded message: From: Kris Gabor <kgabor () aol com> Date: October 28, 2005 6:03:53 PM EDT To: dave () farber net Subject: Re: [IP] more on Breathalyzers and Open Source A district court judge here in Fairfax County (Northern Virginia) is challenging a similar notion by dismissing a number of DWI cases whereabove-the-limit breathalyzer results are setting up a presumption of guilt
-- not all that different from the presumption of guilt that comes from refusing a breathalyzer. Good article about it in yesterday's Washington Post: Maverick N.Va. Judge Tosses Out DWI Cases That Presume Guilt By Tom Jackman Washington Post Staff Writer Thursday, October 27, 2005; Page A01 A Fairfax County judge who believes Virginia's drunken driving laws areunconstitutional has begun dismissing cases, including five DWI cases in a week, and has threatened to throw a veteran prosecutor in jail for arguing
with him.Judge Ian M. O'Flaherty made it known in July that he felt Virginia's DWI law unfairly deprived defendants of the presumption of innocence if breath tests showed that they had a blood alcohol content of .08 or higher, levels
at which people are presumed to be intoxicated. <snip>http://www.washingtonpost.com/wp-dyn/content/article/2005/10/26/ AR2005102602
572.html -- Kris On 10/28/05 17:49, "David Farber" <dave () farber net> wrote:
Begin forwarded message: From: Ed Biebel <edward () biebel net> Date: October 28, 2005 10:22:45 AM EDT To: dave () farber net Subject: RE: [IP] more on Breathalyzers and Open Source In addition, I believe that in both Pennsylvania and New Jersey agreeing to submit to a breathalyzer or blood test is a condition of having a driver's license. Refusing to take the test can result in an immediate suspension of your driver's license (6 months to a year I believe). A friend of mine that is attorney recommended not refusing the tests (especially for a first offense) because he said that at trial a good attorney would have leeway to present mitigating issues, challenge the accuracy of the tests, plea to a lesser charge for a lighter sentence, etc. However the refusal of the test was cut and dry and essentially resulted in a mandatory punishment. While IANAL and I'm not advocating people drink and drive (or avoid punishment if they do), I thought this was an interesting legal perspective worth mentioning. -Ed -----Original Message----- From: David Farber [mailto:dave () farber net] Sent: Tuesday, October 25, 2005 5:14 PM To: Ip Ip Subject: [IP] more on Breathalyzers and Open Source Begin forwarded message: From: Bradley Roberts <br2 () u washington edu> Date: October 25, 2005 4:04:40 PM EDT To: David Farber <dave () farber net> Cc: "Andrew D. Swart" <andrew () swart com> Subject: Re: [IP] more on Breathalyzers and Open Source A friend got pulled over in front of me for some minor infraction (into a bike lane too early for a right turn, if I remember correctly). I knew he had come from a bar and had probably had at least one drink. They started in on the normal dui tests (speech, eye, coordination, etc) in front of me. I had enough time before this to tell him not to submit to a breathalyzer as they're inaccurate - he said that he was probably above the limit, so I told him that he could expect that they'd figure this out and he'd be taken to the police station for a blood test if he refused a breathalyzer. By refusing to submit to the breathalyzer, under CA law (or at least in San Luis Obispo), the officers have the option to place the person under arrest and take them in for more thorough evaluation. They did this - unfortunately for my friend, he didn't take well to being handcuffed and started to argue/resist. Probably would have been treated better had he not. Ultimately his blood was tested and was found above the legal limit. He made a bad choice and is still paying the consequences but no one was hurt. However, it should be clear that if you refuse to take a breathalyzer test, you MAY be arrested. Whether or not you've ever had a drop of alcohol in your life. Refusing the test is within your rights, but an officers suspicion will quickly place you in shackles and you'll be subjected to the more reliable (and repeatable) tests.Begin forwarded message: From: "Andrew D. Swart" <andrew () swart com> Date: October 24, 2005 4:30:21 PM EDT To: dave () farber net, 'Ip Ip' <ip () v2 listbox com> Subject: RE: [IP] more on Breathalyzers and Open Source Reply-To: andrew () swart com...I mention all these factors because they are common in many measurement instruments... ...No amount of viewing the code will tell you that.A local attorney (Santa Barbara) regularly takes out full page ads in local papers seeking DUI clients, but also advising people of their rights during a suspected DUI stop. One of his biggest pieces of advice: refuse under all circumstances an invitation to take a breathalyzer test. He points out that the portable technology is flawed and the results can't be verified independently (only a single sample). Instead, do no resist, if law enforcement insists, taking a blood or urine test. More reliable and samples remain for independent testing atlater stage. Warning: refusing a breathalyzer test (but not the othertests) in California is reportedly within our rights; this may not be the case in all other states. Andrew Swart ------------------------------------- You are subscribed as br2 () u washington edu To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting- people/
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Current thread:
- more on Breathalyzers and Open Source David Farber (Oct 24)
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- more on Breathalyzers and Open Source David Farber (Oct 24)
- more on Breathalyzers and Open Source David Farber (Oct 25)
- more on Breathalyzers and Open Source David Farber (Oct 25)
- more on Breathalyzers and Open Source David Farber (Oct 28)
- more on Breathalyzers and Open Source David Farber (Oct 28)