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Legal News

Manatee judge tosses DUI breath tests

BRADENTON — The results of breath tests in more than 100 local drunken-driving cases will not be allowed at trial, a judge announced Tuesday. The validity of those breathalyzer tests has been challenged for more than three years because of the Intoxilyzer 5000, a machine that uses a breath sample to measure a person’s blood-alcohol content. Read more...

Get a DUI, take a deep breath: Convictions will require breath monitor on your car's ignition

Getting a DUI this year is really going to blow. Literally. If you get a DUI in 2009 and your license is statutorily suspended, even if you're a first-time offender, you'll be required to install an ignition interlock device that renders your car unstartable unless you blow into it to demonstrate you're not drunk. The device also requires the driver to periodically blow again during the drive to ensure his or her continued sobriety. Read More...
   
Ohio commits $6.4 million for new breathalyzers that face lawsuits across the country

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. Read more...

Thousands of Tucson-area DUI cases may get boot

A dozen years ago, 3,000 drunken-driving prosecutions in Tucson were dismissed in one day - about 5,000 cases within a few months - because the breath-test device that said the drivers were drunk was deemed unreliable.

Those numbers could easily be surpassed if one of the current alcohol detectors in Arizona, the Intoxilyzer 8000, is found to be unreliable, a leading driving under the influence defense attorney said. Read more...

Breath Tests Are Tossed

A county judge has thrown out the alcohol breath-test results of seven DUI defendants because law enforcement did not inspect the equipment after a repair. Read more...

Video: Don't Ever Talk to the Police

This is an excellent video showing James Duane explain why innocent people should never talk to the police. To view the video click here...

When Official Truth Collides With Cheap Digital Technology

Around 9:30 on Friday night, a bicyclist pedaling down Seventh Avenue veered to the left, trying to avoid hitting a police officer who was in the middle of the street. But the officer, Patrick Pogan, took a few quick steps toward the biker, Christopher Long, braced himself and drove his upper body into Mr. Long.

As of Tuesday evening, a videotape of the encounter had been viewed about 400,000 times on YouTube. Later that night, Officer Pogan composed a story of his encounter with Mr. Long. It bore no resemblance to the events seen on the videotape. Based on the sworn complaint, Mr. Long was held for 26 hours on charges of attempted assault and disorderly conduct. Read more...

Judge may 'out' firm's secret DUI code

A Pima County Superior Court judge said she favors ordering a Kentucky manufacturer to release the software source code of its alcohol breath machine unless a prosecutor can persuade her otherwise. Read more...

Caribou County Prosecutor Sentenced After Taking Plea Deal

It's been just about a year since Caribou County Prosecutor Criss James was charged with dismissing charges in exchange for money. Thursday, James pled guilty to an agreement made between the State and Defense. Read more...

Industrial Commission supervisor forced out: State agency aims to resolve internal dissent

The No. 2 administrator at the state agency that handles appeals of Bureau of Workers' Compensation cases has been fired, as the agency attempts to recover from internal dissent and two reports that accuse its managers of abusive practices. Read more...

What's Wrong With CSI: Forensic evidence doesn't always tell the truth.

Forensic evidence is foolproof, right? It's how those clever cops on CSI always catch the killer. DNA evidence springs innocent men from prison. Fingerprints nab the bad guys.

If only forensics were that reliable. Instead, to judge by the most comprehensive study on the reliability of forensic evidence to date, the error rate is more than 10% in five categories of analysis, including fiber, paint and body fluids. Read More...

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