breathalizer at the station was broke? Can i get out of a dui?

[heidmann1]

What is the name of your state? california, I got a dui at a check point I passed all the field test's but failed the field breathalizer. WHen I got to the station they used the breathalizer machine. Later in the cell the other guys were saying the machine was broken? I got a little print out of what I think is my results when I was realeased, it is a small peice of printer paper( about 2.5 inches wide by8 in long) it reads on the top, subject test, intox ec/ir then it has some info on the station # etc .towards the bottom it says 15 min observed by officer, test g/210l diagnostic check ok, blk .00 23:57 , std .08 23:58,blk .00 23:58,subj .11 00:00,blk .00 00:01,subj .12 00:03 I dont know if this is the field printout or waht What does this mean?

 

[fagettaboutit]

towards the bottom it says 15 min observed by officer,

I'm curious, did the officer completely observe you - as in watch your face - for a full 15 minutes? I'm certain most officers sit and watch most of the people they are arresting. Just wondering if this officer did that for you.

Had you drank any alcohol before you blew into that machine?

Sorry, I can't help you with the reading you received. I'm sure a qualified DUI lawyer would immediately know what your reading means.

Good luck

 

[heidmann1]

I dont remember at any time the officer just watching me for 15 minutes. That didnt happen.

 

[CdwJava]

I got a dui at a check point I passed all the field test's but failed the field breathalizer.

Oops!

WHen I got to the station they used the breathalizer machine. Later in the cell the other guys were saying the machine was broken? I got a little print out of what I think is my results when I was realeased, it is a small peice of printer paper( about 2.5 inches wide by8 in long) it reads on the top, subject test, intox ec/ir then it has some info on the station # etc .towards the bottom it says 15 min observed by officer, test g/210l diagnostic check ok, blk .00 23:57 , std .08 23:58,blk .00 23:58,subj .11 00:00,blk .00 00:01,subj .12 00:03 I dont know if this is the field printout or waht What does this mean?

This is the station machine readout. It says that at 11:58 PM you blew a .11 and at 12:03 AM you blew a .12. You should have also received a piece of paper called an "Admin Per Se" form and this would also have some information.

- Carl

 

[CdwJava]

I dont remember at any time the officer just watching me for 15 minutes. That didnt happen.

It probably did. Contrary to the belief of some, we don't have to sit there and stare into the suspect's face for 15 minutes. He has to be under observation for that amount of time to see that he has not belched or consumed anything. That is usually done while speaking to the subject and obtaining necessary information for the report.

If he was walked into the building and set up to blow in the machine, then a good DUI defense attorney might be able to make something of it ... but, if the time between his arrival and blowing in the machine was 15 minutes or greater, then that argument will be tough to make.

- Carl

 

[fagettaboutit]

It probably did. Contrary to the belief of some, we don't have to sit there and stare into the suspect's face for 15 minutes. He has to be under observation for that amount of time to see that he has not belched or consumed anything. That is usually done while speaking to the subject and obtaining necessary information for the report. - Carl

I'm curious. What information do you obtain that is necessary for your report? There are plenty of aspects that make the machine give a false reading. I'd like to know how you cover those aspects in your report.

Also do you read him his Miranda rights before or after you obtain that information? You know....You have the right to remain silent. Anything you say can and will be used against you in a court of law.

In a previous post you stated

Evidence is not subject to Miranda. Your breath or blood is not an
incriminating statement.

Evidence is your job. An accuser has the right to not help you gather that evidence against him. See the fifth amendment.

Blood or breath is incrimating evidence. Is the machine's number not presented as evidence and used against a person in a court of law?

 

[CdwJava]

I'm curious. What information do you obtain that is necessary for your report? There are plenty of aspects that make the machine give a false reading. I'd like to know how you cover those aspects in your report.

Anything that relates to the offense - observations, actions, etc. I document all the pieces that lead to the reasonable suspicion for the detention, the contact, the FSTs, the arrest, the transportation, the advisements, the test, and anything else that might be relevant.

Also do you read him his Miranda rights before or after you obtain that information? You know....You have the right to remain silent. Anything you say can and will be used against you in a court of law.
Before the FSTs Miranda is not required. So unless I seek additional statements after he is in custody, I do not need to Mirandize the subject.

Evidence is your job. An accuser has the right to not help you gather that evidence against him. See the fifth amendment.

Evidence is not a self-incriminating statement. See the law.

Blood or breath is incrimating evidence. Is the machine's number not presented as evidence and used against a person in a court of law?

Yep. And physical evidence is not subject to Miranda.

Don't like it? Speak to the US Supreme Court or the CA legislature. The state could certainly create a law mandating that we Mirandize prior to conducting FSTs, but thus far they have seen fit not to do that.

- Carl

 

[absconder]

We have a lawyer in the making here. Tell the judge whats up and set him straight in court. Im sure youll get off.