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  1. #1
    lewisipso's Avatar
    lewisipso is offline Injustice/Indifference/In God we trust
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    Breath analyzer debate blows up over ‘amazing’ .384 reading

    A 32-year-old Brockton man’s chart-topping .384 blood alcohol reading has rekindled the debate over the reliability of the breathalyzer test, with critics saying anybody blowing that high a level should either be in a coma — or dead.

    Noted defense attorney J. Albert Johnson, who has been waging a war against the breath analyzer test for years, said this case is further evidence the test is bogus.

    “The breathalyzer remains a fraud and a hoax. It has never worked,” Johnson told the Herald. “If this individual’s blood had been drawn, and it showed .384, the individual would be comatose.”
    Johnson said he has seen such a high reading before — but the driver was “comatose or deceased.” He added that anyone pulled over on suspicion of drunken driving should refuse to take a breathalyzer test.

    “It’s a phony machine. I’ve been fighting it all my life,” he added.

    Dammon McLaren told the Herald last night he disagrees with the staggering score he registered Sunday night after he was pulled over in Providence by Rhode Island state police.

    “I don’t feel that’s accurate,” McLaren said from his front porch. “I was coherent when I was talking to officers.”

    However, Rhode Island state police stand by the bust, saying McLaren was unsteady on his feet, slurred his speech and reeked of alcohol when he was stopped. After submitting to a breath analyzer test, McLaren blew a .373, then a .384, police said.

    “It was pretty scary to think he was driving a car,” said Rhode Island State Police Capt. Frank B. Castellone.

    http://www.bostonherald.com/news/reg...ome&position=0
    Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me

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    R.I.P. Arielle. 08/20/2010-09/16/2012


  2. #2
    Car 4's Avatar
    Car 4 is offline CID Chief
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    He is full of shit....I have personally seen a .500 walking into the holding cell.


    Car 4
    I would like my country back. I used to believe that one man could never destroy this country. Not so sure anymore!

  3. #3
    lewisipso's Avatar
    lewisipso is offline Injustice/Indifference/In God we trust
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    Agreed.
    Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me

    We are who we choose to be.

    R.I.P. Arielle. 08/20/2010-09/16/2012


  4. #4
    jmur5074's Avatar
    jmur5074 is offline Moderator
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    He's obviously got a distorted view of reality. Or is such a good liar, he believes them himself.


    Our PBT's top out at .60. Anything over that it gives the "greater than" sign.


    I've seen one person get the greater than .60%.
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

    "The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".

    We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.

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    The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Police Chief, City Council, or any member of my department.

  5. #5
    Cidp24's Avatar
    Cidp24 is offline Tempus Fugit
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    When that attorney gets his MD maybe I'll listen to him... nahhh, probably not.
    *************************
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    to another life somewhere in the sun."
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    "There's something inherently wrong with having to put on a bullet-proof vest and a gun to go to work."-(An old friend)


    Any statements or opinions given in my postings or profile do not reflect the opinions, views, policies, and/or procedures of my employer or anyone else other than me. They are my personal opinions or statements only, thereby releasing my employer , any other entity, or any other person of any liability or involvement in anything posted under the username "Cidp24" on O/R.

  6. #6
    Five-0's Avatar
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    Yes, professionals can still function that high. Matter of fact, they would fail sobriety tests if they were sober from the shakes.


    Beware legal jargon:

    http://www.lexisone.com/lx1/caselaw/...=y&l1loc=FCLOW

    The appellant contends that the trial court erred by admitting results from an "unapproved" breath machine into evidence. He argues that the Draeger Alcotest 7110 MK III-C, the device used in this case, is not listed in the Alabama Administrative Code as an approved device for measuring blood-alcohol levels. He argues that in City of Tuscaloosa v. Stalnaker, affirmed by unpublished memorandum (No. CR-01-0613, August 23, 2002 )___ So. 2d ___ (Ala. Crim. App. 2002) (table), [*6] the Tuscaloosa Circuit Court suppressed the results of an alcohol breath test performed using the Draeger Alcotest 7110 MK III-C. The circuit court judge in that case stated: "The test in this case being performed on a machine not approved by the Department of Forensic Sciences, evidence of the breath [-test results] are ordered suppressed."

    Section 32-5A-194(a)(1), Ala. Code 1975, provides that, in order to establish a proper predicate for the admission of breath-test results, the State must show that the test was administered in strict compliance with Chapter 370-1-1 of the regulations of the Alabama Department of Forensic Sciences, as contained in the Alabama Administrative Code. The list of the approved testing devices in the Administrative Code includes the "Draeger Alcotest 7110 MK III" but it does not include the "Draeger Alcotest 7110 MK III-C," the device used in this case. The State called Dale Allen Carpenter, a forensic expert with the implied consent section of the Alabama Department of Forensic Sciences, to testify regarding the Draeger Alcotest 7110 MK III-C. Carpenter said that the 7110 MK III-C is "the same instrument" as the MK [*7] III but that, unlike the MK III, the MK III-C has a built-in modem. He explained that the "C" designates the enhanced modem capacity, and it does not affect the analytical capabilities of the machine. Carpenter said that the 7110 MK III-C is listed by the federal government as a "conforming product" and its results are accepted as reliable by the scientific community. Carpenter said that, although the MK III-C is not specifically listed in the Administrative Code, it is "an approved device by the Department of Forensic Sciences."

    Meanwhile, fishing in Russia:

    http://www.youtube.com/watch?v=SkzV5AIK8iM
    "When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it." -- Frederic Bastiat

    "Certainly there is no hunting like the hunting of man and those who have hunted armed men long enough and liked it, never really care for anything else thereafter." Ernest Hemingway

    The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "Five-0" on Officerresource.com

  7. #7
    Ducky's Avatar
    Ducky is offline Enforcer General
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    There was a case within the last week or so that made it to Yahoo! news, the guy made it to .5 something. Not dead, just DUI.
    \\
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    http://www.youtube.com/watch?v=MtN1YnoL46Q


  8. #8
    Jks9199 is online now The Reason People Hate Cops & Causer of War
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    My brother was arrested not too long ago for DUI... The officer stopped watching the PBT after it shot up "faster than <he'd> ever seen" in the mid .30 range... And I easily believe him. (Have I mentioned that my brother is a wee bit of an alcoholic? )

    Highest I've personally seen was a .34, as I recall. He wasn't comatose, but he wasn't walking, either. Medics "stole" him from me...

    I've had .28 or .32, I think, at the evidentiary test. (VA has Preliminary Breath Tests offered in the street, with one of several instruments. Then, at the station or jail, we do an evidentiary test, currently on the Intoximeter EC IR II.)
    Voting against incumbents until we get a Congress that does its job.

    TASER: almost as good as alcohol for teaching white boys to dance

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  9. #9
    Broke Hoss's Avatar
    Broke Hoss is offline Corporal
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    anybody blowing that high a level should either be in a coma — or dead

    Obviously, he hasn't met any real professional drunk.

    I know a couple of guys that can't function below .20. Took 1 awhile back for DWI & it was a blood draw due to it being a felony, that was 0.32. He was walking, talking (loudly & obscene), and his driving wasn't the worst I've seen.
    Blessed are the the peacemakers: for they shall be called the children of God. MATT 5:10

  10. #10
    121Traffic's Avatar
    121Traffic is offline Just Us
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    I've personally taken a walking drunk into DETOX and watched him PBT at a .448. Ambulance hauled him off on principle, it seemed, but he was walking and talking just fine.

    Highest blood results I've seen on one of my arrests was a .397. That guy was good to go to...he was slurring lots, but he could walk and talk and joke around. Is he going to argue blood chemistry too?
    "If anything worthwhile comes of this tragedy, it should be the realization by every citizen that often the only thing that stands between them and losing everything they hold dear... is the man wearing a badge." -- Ronald Reagan, in the wake of the deaths of 4 CHP troopers in the Newhall Incident, 1970

    The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "121Traffic" on O/R.

  11. #11
    Bjohnson63's Avatar
    Bjohnson63 is offline King of the Shit Bucket
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    I just had a guy at .32 confirmed via blood. Other than the odor, you never would have known. He walked, talked, thought, etc like a sober man. Several years ago I saw a guy at a .46 walking and talking, again, verified via blood test. This guy needs to find a new cause.

  12. #12
    Jks9199 is online now The Reason People Hate Cops & Causer of War
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    Quote Originally Posted by Bjohnson63 View Post
    I just had a guy at .32 confirmed via blood. Other than the odor, you never would have known. He walked, talked, thought, etc like a sober man. Several years ago I saw a guy at a .46 walking and talking, again, verified via blood test. This guy needs to find a new cause.
    Especially since the since behind breath testing is proven & sound. Basic chemistry, basic biology... Nothing hard, nothing complicated. Hell, all the crap added onto our current testing instrument is the result of court cases calling something into question. Otherwise, it's still just a fuel cell that will only react to certain chemistry, and an IR filter to further insure that what it's reacting to is alcohol.
    Voting against incumbents until we get a Congress that does its job.

    TASER: almost as good as alcohol for teaching white boys to dance

    "Don't suffer from PTSD -- Go out and cause it!"
    -- Col. David Grossman, US Army, ret.

    All opinions expressed are my own and are not official statements of my employer.

  13. #13
    gopherpuckfan's Avatar
    gopherpuckfan is offline I'm from the government and I'm here to help
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    I remember when I was a rookie and we had a walking, talking .46 that we had to remove from a plane. That level was *after* his 2 hour flight from Seattle. He didn't drink on the plane according to the flight attendants. He spoke to us fine, but we had him taken to the hospital for evaluation.
    The views expressed in the above post are the sole opinion of the author and do not reflect any official position by the author's employer and/or municipality.

  14. #14
    Rhino's Avatar
    Rhino is offline Meat-eater & Fire-breather
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    I got two words for that ass clown: Functioning Alcoholic.
    "If everyone is thinking alike, then someone isn't thinking." -Gen. George S. Patton

  15. #15
    Jenna's Avatar
    Jenna is offline sheep
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    They might just burst into flames if they light a cigarette!

 

 

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