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Discussion in 'Off-Topic' started by mikeyp, Jan 10, 2019.
Massachusetts judge bans use of Breathalyzer test in court – Boston Herald
another victory for the MA bureaucracy
Seems like a good thing if the article is accurate.
So, how many people got in trouble because of a defective test?
If the answer is "more than zero", then this seems like a win.
I sat on a drunk driving jury months back and we were told this is a national thing. That breathalyzer are completely inaccurate. Yes he walked.
The reasonable doubt that they bring into the equation makes them nearly worthless, and the fact that they're still being used (presumably to the exclusion of other potential roadside impairment tests) is a problem. Fix them or toss them and find a better way to test that doesn't involve blood work.
A conviction should require other evidence, such as dash cam video of the drunk being unable to drive at all reasonably and swerving around, going on a drunken rant when pulled over and questioned, etc.
A co-worker told me that if you refuse the breathalyzer you automatically lose your license. Is that true?
If that is true, what will happen now?
I have a problem with the roadside tests as well since they are not objective tests and only serve to confirm the bias. A roadside test is requested when the officer already has the suspicion that you are driving under the influence. Right a way, the officer is looking for you to fail. Regardless of what testimony the officer gives as to when he formed the opinion that you are driving under the influence, logically, he already did, or else you wouldn't be performing these tests.
It is the same as when I read a police report for a DUI case and the officer states "I smelled a strong odor of alcohol emanating from the subject". Riiight. Have you ever read a police report where the "strong odor of alcohol" was mentioned, a field sobriety test was performed to the satisfaction of the officer and an arrest was made on other grounds (driving under a suspended license/registration perhaps)? When I see comments like "detected a strong odor of alcohol", "observed a marked lanes violation", or "furtive movements" I question whether this "observation" did in fact occur, and is not just an excuse to legitimize subsequent police action.
Probably no change. The automatic license suspension can be overturned if the DUI case is dismissed or results in an acquittal, but I don't think anything will change while the current question of admissibility is in play.
They can try to get a warrant to take a blood sample but I don't know how difficult that is. From what I understand from a ADA in another state if you know you are over the limit refuse all tests, you'll get suspended but not a full blown DUI charge.
Time to get loaded and go for a spin! (No, not really!)
I had an officer observe a strong odor of furtive movements once. I had the flu. LOL
Interesting. I knew an atty that knew a lawyer in MA (this is 20 years ago) that for $10,000 (back then) could get you out of a DUI. Now, my opinion, if you are drinking and driving you need to be beaten. Repeat offenders need their feet chopped off at the ankles. Stops them from driving and from going to the liquor store. . . easily. But I guess this lawyer was pretty good at wrapping it up no matter what and was using problems with Breathalyzers even that far back. I don't drink and drive so I never pursued it personally to find out how the atty did it.
Guilty until you prove you are innocent. Love it. :/
Driving is a privilege granted through state regulation. It is what it is.
I'm looking forward to sending my BIL's hardware back to him soon.
He had a BS stop. Passed the FST with flying colors. Cop still had him blow. His lawyer had already gotten that thrown out. This ruling should clear the way for complete dismissal and return of his permit.
Getting the Maura ruling overturned will mean he gets items covered by that BS back too.
So it seems they can still require you to take a breathalyzer test or lose your license despite the fact that the results of that test are banned as evidence.
Only in America!
If the cop has you out of the car for a field soberity test 99% chance you are going to jail.
This. Once he's decided he's gonna run you thru the spiel, he's already decided to arrest you and he's building his case.
I think you misunderstood. This is a win for us. Breathalyzers are bogus and should never be allowed as evidence in court. In most places that was already the case.
Nothing will happen. They’ll continue to suspend people’s licences. It’s just another reason licensing schemes are bunk.
Refuse the roadside Olympics. Refuse the breathalyzer. Make them pull blood.
I cant wait to see what kind of phony marijuana tester they will be releasing soon.
refuse it all. no breath test and no walking of any line etc..
My sister came close to getting jacked up on it.
She knew she wasn't over and the cop told her tough shit when she asked for a blood test.
Luckily the dispatcher overheard the conversation and testified for her in court.
The machine hadn't been calibrated in something like two years it turned out.
I understand completely, I'm simply pointing out that the entire Commonwealth is a shitshow. Personally, I think it's awesome
Could be anyone from 2011. My guess is once a few cases are vacated the flood will happen.
Any test in mAss done by a breathalyzer should be overturned and the entire refuse to take but loose anyways should be tossed. Where is the due process?
In the best circumstances I couldn't do the roadside Olympics due to nerve damage in my back and leg. I imagine that they would lock me up in a second for refusing to play the monkey.
Let them and remember. Thank you officer but I will remain silent, as would you.
There is a person now asking for a retrial because he pleaded based on not taking test I think.
Hand them the breathalyzer. If they INHALE, they are high.
Separate names with a comma.