Alcohol & Drugs: MIP, MIC, Intoxication breath test accuracy

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bossarev

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Hi, I was wondering where I could find a document pertaining to breath test accuracy.
My reason for asking is that in november of 2003 I was charged with a OWI after takeing three separte breath test. My field breath test was .08 right at the legal limit then at the station I had to take two, the first being .00 invalid and the second showing that i had a blood alcohol level of .20 which I thought was outragous and asked for another after being denied I was charged with an OWI. I just want to see if it is humanly possibly to go from a .08 to a .20 in a matter of two hours while in the care of police officials.
I also had one more question the officer who pulled me over was not the officer who took credit for the arrest. the officer who arrested me showed up later however, she filled out the paper work saying she witnessed my car disreguarding a traffic signal, when she didn't even see it, is this grounds for dismissal?
 
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hm, it is not impossible that the blood alcohol content will go up after the first test, but usually that would happen only if you had been drinking alcohol pretty much right before the first test. It depends on what you have been drinking, when and how much.

It sounds unusual to me that the value would go up that much in two hours in which you did not have any alcohol at all. You would want to have an attorney look at that and consult some medical research about these things.

Regarding the police officer, she can only testify to what she saw, if she testifies that she observed you and you can show that she has never been near you, she would be guilty of perjury and your case would have very good chances of being dismissed. But cops usually don't walk into such an easy trap, are you sure that she has not been in the patrol car that stopped you or was behind that cruiser in her own patrol car?

Anyway, have an attorney look at this.
 
It is possible that these were the keystone cops. Does the paperwork say that the signing officer witnessed the events or is this a standard form which the officer signed? Is there a statement on the summons to that effect? I'd question the procedure or you can call the officer to the stand and the officer could not testify to having witnessed the events! If the other officer doesn't show up it is a benefit for you.

Regarding the tests, why were you tested 3 times? Something sounds off and did the first come up as .00, perhaps something wasn't turned on, etc. Going from a .08 to a .20 is a lot although it is not impossible if, as was suggested, you drank just before you were stopped. I'd definitely use the multiple readins off by such a large factor as being an issue concerning accuracy. I think it is reasonable.

Please update us here about the outcome of your case. BEST OF LUCK! :D

Originally posted by bossarev
Hi, I was wondering where I could find a document pertaining to breath test accuracy.
My reason for asking is that in november of 2003 I was charged with a OWI after takeing three separte breath test. My field breath test was .08 right at the legal limit then at the station I had to take two, the first being .00 invalid and the second showing that i had a blood alcohol level of .20 which I thought was outragous and asked for another after being denied I was charged with an OWI. I just want to see if it is humanly possibly to go from a .08 to a .20 in a matter of two hours while in the care of police officials.
I also had one more question the officer who pulled me over was not the officer who took credit for the arrest. the officer who arrested me showed up later however, she filled out the paper work saying she witnessed my car disreguarding a traffic signal, when she didn't even see it, is this grounds for dismissal?
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it was a affidavit for probable cause this is what is says.

I___(her name, badge #), swear and affirm under penalty of perjury, that I am a Law Enforcement Officer with the ____(city) Police Department, and that on the ____ day of (month_____, at approximately (time)____ _____(my name), a male white person born (DOB)_______. was observed at (highway)_______, in _____ township,_____ county, Indiana under the following facts and circumstances.

*x mark are the boxes she checked
I. DRIVING BEHAVIOR
(x) I witnessed the accused drive in my presence and view- *this is not true she wasn't there she showed up after I was pulled over.
( ) the driving was not unusual or erratic
(x) the driving was unusual and erratic in that:
(x) it was ( ) slower, (x) faster, than the normal flow of traffic at that time.
(x) Specify other unusual or erratic driving Def disregaurded automatic signal and stopped in middle of intersection, then reverse to get out of way. (grammatical errors are the officers)

well the rest is just more paper work, well this is what she signed
 
Like I said before, it sounds strange that she would write the ticked if she had been nowhere near the scene and not the cop who pulled you over. Of course, they might be the keystone cops.

But it might also be that she actually observed you and had a fellow cop pull you over. It sometimes happens that cops lie in wait at a certain spot where many violations happen and work in teams, having one patrol car at the spot and one or more other patrols farther down the road where they pull the violators over. She could have been the "spotter" and have radioed the other unit to pull you over.

Here in the city they sometimes operate this way, they have an unmarked unit parked at one spot with the radar gun and have marked units a quarter of a mile down the road to pull the offenders over. This way they usually nab 5 or 6 cars at one time.

The two cops also might have just been parked together at the same spot, chatting, she sees you drive and her gallant co-cop says: "I'll get him" and takes off to pull you over while she still finishes her donut or whatever and trails him.

If you are going to contest this in court you can crossexamine her on that. Of course, if she stays with that you still have to convince the judge that she is lying, which is not so easy either.

I think the better angle of attack is the inconsistent readings on the breath analyzer. That signals to me that this particular instrument was working very unreliably that night.
 
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The car that pulled me over was right next to me. they were stopped at the stop light before I was and had a car already pulled over when I slide on the wet pavement
 
she came like ten miutes later she wasn't anywhere near. there is no way she could have seen my car. she signed something that specificaly says by signing this the is commiting perjury
 
hm, did you get pulled over at that exact spot then?

Or did you continue to drive and they came after you to pull you over? In that case she might have been at that scene, too, without you noticing it, and she finished writing the ticked to the car you saw being pulled over before she finally came to the place where they had pulled you over.


If not, well, contest it. But as I said, be aware that judges like to believe cops. Especially when there is no understandable reason for the cop to lie. If she had not witnessed it, one of the other cops could easily have written the ticket. Why should she risk her carreer and everything comitting perjury for such a minor thing like a ticket?
 
She wasn't there I saw her car pull up later with her lights on(doesn't there video start running when there lights are on?) in Indiana we have a quota. She might of needed it. I had a passanger in my car which the other police officers the ones eho pulled me over drove home. She heard them talk about how they we're going to split this arrest. I was driving while suspended which that is true I didn't know it though because I don't live at the address that was on my license on the time. they were going to have that one and she was going to have the OWI
 
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