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Woman With Asthma Wins Court Ruling Over Breath Test
The Indy Channel/AP ^ | 12-31-05

Posted on 01/01/2006 3:23:54 PM PST by digger48

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To: elkfersupper

Thank you! I am sure you are 100% correct!


101 posted on 05/27/2006 4:36:35 PM PDT by A.Dust.Off.Spin.Off
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To: digger48

DUI task forces don't like blood tests because they are more accurate and have to have a nurse certified in taking medical evidence blood draws (chain of custody etc)

DUI arrests which don't make the TV or are "borderline" and never make COPS TV shows would expose the polical scam of many such enforcers.

Prosecutors would rather try a known innocent person rather than face the media, a judge would rather allow a conviction and get reversed on appeal instead of facing negative media.


102 posted on 05/27/2006 5:01:44 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Sonny M

They have to perform the test within two hours.

That means drive to the hospital, find the evidence certified Nurse to take the blood.

It also means the delay can be used against the prosecution.

Was the booze going INTO her bood stream or was the booze on its way out? Picture a curve.

You could dring 4 shoots right now, take a blood test immediatly and the booze has not reached your blood stream. You would not be impaired for the first few minuts despite your consumption.


103 posted on 05/27/2006 5:06:28 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory
"Prosecutors would rather try a known innocent person rather than face the media, a judge would rather allow a conviction and get reversed on appeal instead of facing negative media."

Oh, how right you are! This is exactly what has happened in this case. Not to mention, the sheriff who is married to the other driver involved in the accident, prosecutor, and judge are all friends. And to make matters even worse... The judge was up for reelection, and the prosecutor was running for his boss' job since he retired/is retiring this year. The elections were last month and as it turns out, the judge was reelected, but the prosecutor didn't make it. I'm curious to see how this all turns out.
104 posted on 05/28/2006 8:57:01 AM PDT by A.Dust.Off.Spin.Off
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To: GladesGuru

Was just thinking about you, drove to Naples and back yesterday on 41....stopped once briefly at what turned out to be the Skunk Ape research Center for a bathroom break. The guy was there that I saw on the travel show walking through the Glades looking for Skunk Apes, so I said hello.

Anyhow, no speeding tickets or DWI's. I note that the alligator population seems to be moving east since I made the trip c. a month ago.


105 posted on 05/28/2006 9:10:48 AM PDT by Sam Cree (Delicacy, precision, force)
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To: longtermmemmory
Prosecutors would rather try a known innocent person rather than face the media, a judge would rather allow a conviction and get reversed on appeal instead of facing negative media.

I've been trying for years to get anyone in the local electronic or print media to question one of MADD's "facts", and they will NOT do it.

That's the source of the problem.

106 posted on 05/28/2006 3:57:27 PM PDT by elkfersupper
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