A new way to fight DUI's?

[Razorguns]

http://www.foxnews.com/story/0,2933,187684,00.html

Judges: Closed Source Code Makes Alcohol Breath Testers Inadmissible
Monday, March 13, 2006

MIAMI — Timothy Muldowny's lawyers decided on an unconventional approach to fight his drunken driving case: They sought computer programming information for the Intoxilyzer alcohol breath analysis machine to see whether his test was accurate.

Their strategy paid off.

The company that makes the Intoxilyzer refused to reveal the computer source code for its machine because it was a trade secret.

A county judge tossed out Muldowny's alcohol breath test — a crucial piece of evidence in a DUI case — and the ruling was upheld by an appeals court in 2004.

 

[notoriousQQ]

hey, whatever works

 

[Spartacus]

I try to keep close to a full tank
if I cruise at reasonable speeds I can "buy" myself 5-6 hours
just lead them on a long slow speed chase
and stop at a breakfast bar

 

[SoreArms]

how long do they stay on your record, seven years? I got one back in 2000 that I can't wait to blank out.

 

[Gambino]

i live i dui county

 

[PICK3]

guess they'll be doing blood test on every suspect

 

[Gambino]

guess they'll be doing blood test on every suspect

no way to swindle a blood test.

when i got my dui in '97 i refused to blow...about ten minutes later i had a IV in my vein
no fugging with that

 

[PICK3]

no way to swindle a blood test.

when i got my dui in '97 i refused to blow...about ten minutes later i had a IV in my vein
no fugging with that

Does seem something as invasive as an IV would be legal, but I know it is.

 

[JayC9]

no way to swindle a blood test.

when i got my dui in '97 i refused to blow...about ten minutes later i had a IV in my vein
no fugging with that

A letter from your local GP diagnosing you as belonephobic might get past that one.

 

[Devastation]

south dakota and nevada both have obligatory blood tests for anyone SUSPECTED of driving under the influence

 

[guest username]

south dakota and nevada both have obligatory blood tests for anyone SUSPECTED of driving under the influence

A lot of states have similar laws. Some states even have laws that not only release nurses, physicians, phlebotomists, and paramedics from liability for drawing bloodwork for criminal DUI cases, but the laws go further by making it a crime to refuse to draw the blood!

 

[Spanky11]

i don't think americans take DUI too seriously, when I was there in november last year, everyone went to the bar, drank 6-8 brews and then got in their cars and drove home. I was in New York, New Jersey (where everyone drove home), and Indiana.

 

[wootoom]

dont drink and drive thats how u fuckin fight it

 

[Cutiebaby]

dont drink and drive thats how u fuckin fight it

agreed

 

[INNOCENT]

yep...just get a driver

 

[javaguru]

Most don't know the inventor of the breathalyzer makes his living testifying to its lack of accuraccy in court.

 

[jack sparrow]

dont drink and drive thats how u fuckin fight it

100% agreed.

It's not worth it. Call a cab for $25...better than a DUI and 3K down the drain.

 

[wootoom]

100% agreed.

It's not worth it. Call a cab for $25...better than a DUI and 3K down the drain.

or have a death of a kid on your hands the rest of ur life and rot in a jail cell

 

[Cutiebaby]

or have a death of a kid on your hands the rest of ur life and rot in a jail cell

if a SOB who was drinking and driving ever even came close to hitting one of my kids he would not make it to jail!!!!

 

[wootoom]

if a SOB who was drinking and driving ever even came close to hitting one of my kids he would not make it to jail!!!!

i agree. he would be fuckin dead before

 

[Cutiebaby]

what about all those damnn pricks who have gotten convicted multiple times on dui/dwi yet still manage to drive..that pisses me off too....they either get the full license or a cinderalla (where they go to work and back only)....i dont think that should be allowed.

 

[Spanky11]

i don't think americans take DUI too seriously, when I was there in november last year, everyone went to the bar, drank 6-8 brews and then got in their cars and drove home. I was in New York, New Jersey (where everyone drove home), and Indiana.

Funny thing was that in NJ we were drinking with 2 of my friends buddies, and after the bar closed they got into their cars - their police cars - and drove home. I thought they were just bullshitting me saying they were cops..

 

[jack sparrow]

or have a death of a kid on your hands the rest of ur life and rot in a jail cell

Another good point.

Drinking and driving just aint worth it no matter how you slice it up.

 

[javaguru]

what about all those damnn pricks who have gotten convicted multiple times on dui/dwi yet still manage to drive..that pisses me off too....they either get the full license or a cinderalla (where they go to work and back only)....i dont think that should be allowed.

Just like those asshole cell phone drivers murdering babies. Based on the research, if you talk on a cell phone, hands free or not, you might as well be drunk. That came from the NHTSA commissioner.

 

[fbodyguy02]

http://www.foxnews.com/story/0,2933,187684,00.html

Judges: Closed Source Code Makes Alcohol Breath Testers Inadmissible
Monday, March 13, 2006

MIAMI — Timothy Muldowny's lawyers decided on an unconventional approach to fight his drunken driving case: They sought computer programming information for the Intoxilyzer alcohol breath analysis machine to see whether his test was accurate.

Their strategy paid off.

The company that makes the Intoxilyzer refused to reveal the computer source code for its machine because it was a trade secret.

A county judge tossed out Muldowny's alcohol breath test — a crucial piece of evidence in a DUI case — and the ruling was upheld by an appeals court in 2004.

I do not condone drinking and driving, but that is one cleaver ass lawyer!

 

[MattTheSkywalker]

I don't want to post here. I really don't. I don't want to, but I have to. I can't let mythology live on like this.

DUI is one of the most overrated issues among lawmakers today. Many people don't know that speeding kills about as many people as alcohol related fatalities. Even the term “alcohol-related fatalities” is a misnomer; the propagandizers at NHTSA have developed a definition of” alcohol-related” that is so elastic as to be laughable.

Consider the following example:

A designated driver is driving home 3 intoxicated friends at 3AM. A sober driver in an SUV has fallen asleep and crosses the center line, striking the car driven by the designated driver. All 5 people are killed. Both drivers were sober, yet NHTSA would regard this as 5 alcohol-related fatalities. NHTSA's guidelines are if any one person in the accident has a BAC of greater than .02, then any associated fatality is deemed "alcohol related", even if no drivers are impaired.

Let’s try to get real numbers:

Counting only fatalities resulting from drivers who are impaired would reduce the number of alcohol related fatalities well under those caused by speeding. (the 5 above would be excluded)

Extrapolating by BAC (as a BAC of .02 is not intoxication for anyone), and setting .10 as the intoxicated threshold would lower the number of alcohol-related fatalities even further, yet this would be much closer to a "real" number. This number would make DUI fatalities a tiny percentage of all auto fatalities, and this is just the beginning of identifying fatalities caused by drunk drivers.

But even this number is on shaky ground. When DUI legislation ascended to prominence, the AMA recommended a BAC of .15 as the threshold for determination of intoxication. Using fatalities where a driver was over .15 reduces alcohol related fatalities to a safety issue so tertiary it barely merits legislative interaction.

The last DUI myth is the myth of the innocent victims. 56% of DUI fatalities are the DUI-drivers.

The chances an “innocent” person being killed by a DUI driver are about the same as winning the lottery: it could happen, but don’t bother spending too much time thinking about it.

 

[javaguru]

I don't want to post here. I really don't. I don't want to, but I have to. I can't let mythology live on like this.

DUI is one of the most overrated issues among lawmakers today. Many people don't know that speeding kills about as many people as alcohol related fatalities. Even the term “alcohol-related fatalities” is a misnomer; the propagandizers at NHTSA have developed a definition of” alcohol-related” that is so elastic as to be laughable.

Consider the following example:

A designated driver is driving home 3 intoxicated friends at 3AM. A sober driver in an SUV has fallen asleep and crosses the center line, striking the car driven by the designated driver. All 5 people are killed. Both drivers were sober, yet NHTSA would regard this as 5 alcohol-related fatalities. NHTSA's guidelines are if any one person in the accident has a BAC of greater than .02, then any associated fatality is deemed "alcohol related", even if no drivers are impaired.

Let’s try to get real numbers:

Counting only fatalities resulting from drivers who are impaired would reduce the number of alcohol related fatalities well under those caused by speeding. (the 5 above would be excluded)

Extrapolating by BAC (as a BAC of .02 is not intoxication for anyone), and setting .10 as the intoxicated threshold would lower the number of alcohol-related fatalities even further, yet this would be much closer to a "real" number. This number would make DUI fatalities a tiny percentage of all auto fatalities, and this is just the beginning of identifying fatalities caused by drunk drivers.

But even this number is on shaky ground. When DUI legislation ascended to prominence, the AMA recommended a BAC of .15 as the threshold for determination of intoxication. Using fatalities where a driver was over .15 reduces alcohol related fatalities to a safety issue so tertiary it barely merits legislative interaction.

The last DUI myth is the myth of the innocent victims. 56% of DUI fatalities are the DUI-drivers.

The chances an “innocent” person being killed by a DUI driver are about the same as winning the lottery: it could happen, but don’t bother spending too much time thinking about it.

Matt, we've tried but you'll never overcome the logic of propoganda....the media said it so it must be true......

I love quoting the NHTSA commissioner when he said," Based on our studies if you talk on a cell phone, hands free or not, while driving you might as well be drunk." It really pisses people off....because drunk drivers are satan's stepchildren and cell phone drivers are normal.

 

[BrothaBill]

Im drinking and driving right now

 

[fbodyguy02]

Im drinking and driving right now

Coffee?

 

[Spartacus]

Just like those asshole cell phone drivers murdering babies. Based on the research, if you talk on a cell phone, hands free or not, you might as well be drunk. That came from the NHTSA commissioner.

or the fuckin' elderly that can't see for shit and react tomorrow
let's get them off the road

 

[BrothaBill]

Coffee?

water and I mean drinking and surfing

 

[Spartacus]

I don't want to post here. I really don't. I don't want to, but I have to. I can't let mythology live on like this.

DUI is one of the most overrated issues among lawmakers today. Many people don't know that speeding kills about as many people as alcohol related fatalities. Even the term “alcohol-related fatalities” is a misnomer; the propagandizers at NHTSA have developed a definition of” alcohol-related” that is so elastic as to be laughable.

Consider the following example:

A designated driver is driving home 3 intoxicated friends at 3AM. A sober driver in an SUV has fallen asleep and crosses the center line, striking the car driven by the designated driver. All 5 people are killed. Both drivers were sober, yet NHTSA would regard this as 5 alcohol-related fatalities. NHTSA's guidelines are if any one person in the accident has a BAC of greater than .02, then any associated fatality is deemed "alcohol related", even if no drivers are impaired.

Let’s try to get real numbers:

Counting only fatalities resulting from drivers who are impaired would reduce the number of alcohol related fatalities well under those caused by speeding. (the 5 above would be excluded)

Extrapolating by BAC (as a BAC of .02 is not intoxication for anyone), and setting .10 as the intoxicated threshold would lower the number of alcohol-related fatalities even further, yet this would be much closer to a "real" number. This number would make DUI fatalities a tiny percentage of all auto fatalities, and this is just the beginning of identifying fatalities caused by drunk drivers.

But even this number is on shaky ground. When DUI legislation ascended to prominence, the AMA recommended a BAC of .15 as the threshold for determination of intoxication. Using fatalities where a driver was over .15 reduces alcohol related fatalities to a safety issue so tertiary it barely merits legislative interaction.

The last DUI myth is the myth of the innocent victims. 56% of DUI fatalities are the DUI-drivers.

The chances an “innocent” person being killed by a DUI driver are about the same as winning the lottery: it could happen, but don’t bother spending too much time thinking about it.

56% may be the driver
1/4 of the remaining 44% is the sober innocent
the rest is split between other intoxicated in the vehicles
in my 12 years as a mortician I have yet to have someone killed by a drunk driver
probably have had over 3 dozen dead drunks though

 

[javaguru]

56% may be the driver
1/4 of the remaining 44% is the sober innocent
the rest is split between other intoxicated in the vehicles
in my 12 years as a mortician I have yet to have someone killed by a drunk driver
probably have had over 3 dozen dead drunks though

I've seen statistics by the NHTSA that claimed 3/4 of those killed in alcohol related accidents had the threshold .02 alcohol in their system. I hate to say it, but if you have two beers in your system and let someone who can barely stand drive you home then you deserve to suffer the consequences.

 

[slat1]

In 1990 I blew a .10 and a .31 back to back on that machine. I lost in District Court and Superior Court. My case was thrown out when it was on appeal to the NH Supreme Court. It looks as though someone had some fun with my breathe samples.

 

[MattTheSkywalker]

in my 12 years as a mortician I have yet to have someone killed by a drunk driver

Can you say that again?