Checkpoints DUI Blog » breath test http://www.totaldui.com/blog The #1 Stop for DUI News Tue, 07 Feb 2012 16:41:29 +0000 http://wordpress.org/?v=2.8.4 en hourly 1 Cell Phone to Call a DUI Lawyer is a Right http://www.totaldui.com/blog/cell-phone-to-call-lawyer-is-a-right/ http://www.totaldui.com/blog/cell-phone-to-call-lawyer-is-a-right/#comments Wed, 08 Jul 2009 14:38:52 +0000 admin http://www.totaldui.com/blog/?p=497 On Monday, July 7, a judge acquitted a man on DUI charges because police denied the suspect the right to call a DUI lawyer on his cell phone.

According to Ontario Court Justice Randall Lalande, Harvey Whidden’s constitutional rights were violated when he was pulled over on June 13, 2008.

Whidden had been waved into a vehicle safety inspection lane operated by the police because his windshield had a crack in it.

When Whidden pulled over, police noticed empty beer bottles in the bed of his pickup truck. Police also noticed he smelled like alcohol, and his speech was slowed.

The police asked Whidden to take a breath test, but the officer didn’t have a breathalyzer with him. While they waited for a breathalyzer to be brought from the station, the police officer didn’t allow Whidden to use his cell phone to call a DUI attorney.

The judge ruled that since the officer knew Whidden had a cell phone, he should have allowed him to use it to call an attorney.

According to the judge, the police waited about three hours when Whidden was at the police station and formally issued a demand for a breathalyzer before allowing him to call a lawyer.

Source: The Sadbury Star

]]> http://www.totaldui.com/blog/cell-phone-to-call-lawyer-is-a-right/feed/ 1 Arizona Judge Reverses Ruling on Breath Test Evidence http://www.totaldui.com/blog/arizona-judge-reverses-ruling-on-breath-test-evidence/ http://www.totaldui.com/blog/arizona-judge-reverses-ruling-on-breath-test-evidence/#comments Wed, 24 Sep 2008 15:27:43 +0000 Editor http://dev.totaldui.com/blog/arizona-judge-reverses-ruling-on-breath-test-evidence/ According to the Tucson Citizen, a Tucson City Court judge threw out breath test evidence in 19 alleged DUI cases.

On September 8, Judge Margarita Bernal ruled that testimony from a Superior Court case changed her mind about allowing the breath tests to be used in the trials.

In a statement given by Toby Hall, president of CMI, the company that makes the Intoxilyzer 8000, he cites anomalies, errors and issues that can have an impact on the machine’s reliability and credibility.  The Intoxilyzer 8000 machine and software is used in Arizona.

Recently, breath tests in more than 100 DUI cases in Tucson have been thrown out because of problems with CMI and the breathalyzer.  Many of these cases have been dismissed.

]]> http://www.totaldui.com/blog/arizona-judge-reverses-ruling-on-breath-test-evidence/feed/ 0 High School Student Driving 118 m.p.h. arrested for DUI http://www.totaldui.com/blog/high-school-student-driving-118-mph-arrested-for-dui/ http://www.totaldui.com/blog/high-school-student-driving-118-mph-arrested-for-dui/#comments Thu, 18 Sep 2008 14:35:39 +0000 Editor http://dev.totaldui.com/blog/high-school-student-driving-118-mph-arrested-for-dui/ The Chicago Tribune reported that a high school student was pulled over after police clocked her car going 118 m.p.h. near Merrillville, Ind. on September 10.  The Crown Point, Ind. 17 year-old girl told police she was in a rush because she was going to be late for school.

According to the police report, the girl, driving a 2000 Toyota Celica, was pulled over for weaving in and out of traffic.  The officer detected the smell of alcohol.  During a breath test, the girl registered higher than .08%.

She was arrested for DUI and ticketed for reckless driving, unsafe lane movement, speeding and not having a driver’s license in her possession.

]]> http://www.totaldui.com/blog/high-school-student-driving-118-mph-arrested-for-dui/feed/ 0 Near Collisions with Train Results in DUI http://www.totaldui.com/blog/near-collisions-with-train-results-in-dui/ http://www.totaldui.com/blog/near-collisions-with-train-results-in-dui/#comments Wed, 17 Sep 2008 14:27:58 +0000 Editor http://dev.totaldui.com/blog/near-collisions-with-train-results-in-dui/ According to Ocala.com, Sandra B. Cook was charged with a DUI after her car got stuck on railroad tracks.  Officers alerted a train headed in the direction of the car, which was able to stop 100 yards away.

Around 5 am on Saturday, an Ocala police officer saw the woman’s 2001 Honda stuck on the tracks and called for assistance as well as alerted the train.

Officers detected alcohol on the breath of the 23 year-old woman, who bartends in Salt Springs.  Cook failed the sobriety test and consented to a breathalyzer, where she blew .077 twice.

]]> http://www.totaldui.com/blog/near-collisions-with-train-results-in-dui/feed/ 0 UK Man Attempts to Beat the Test with Copper Penny http://www.totaldui.com/blog/uk-man-attempts-to-beat-the-test-with-copper-penny/ http://www.totaldui.com/blog/uk-man-attempts-to-beat-the-test-with-copper-penny/#comments Mon, 15 Sep 2008 15:55:26 +0000 Editor http://dev.totaldui.com/blog/uk-man-attempts-to-beat-the-test-with-copper-penny/ In Blackpool, a United Kingdom electrician tried unsuccessfully to beat a breathalyzer test with a copper coin in his mouth.  Martyn Shepherd, 47, was stopped while driving a Vauxhall Combo van in St. Annes.

According to the police report, Shepherd was not steady on his feet and had a copper coin in his mouth, which some believe will have an adverse influence on a breath test.  Shepherd had over 61 micrograms of alcohol in his system, although the legal limit is 35 micrograms.

Shepherd plead guilty to driving with excess alcohol in front of the Blackpool magistrates.  He has been restricted from driving for 18 months and fined over 400 pounds.