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Oklahoma Supreme Court’s Decision Could Render Breathalyzer Results Invalid
KFOR ^ | SEPTEMBER 27, 2016 | SARAH STEWART

Posted on 09/27/2016 12:26:18 PM PDT by nickcarraway

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To: DoughtyOne

I do not d&d and I do not advocate it.
I am against d&d.

I am vehemently against abuse of our freedom by ‘authorities’.


21 posted on 09/28/2016 8:00:42 AM PDT by loungitude (The truth hurts.)
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To: loungitude

Those were my assumptions.

Thanks.


22 posted on 09/28/2016 8:15:12 AM PDT by DoughtyOne (41 days: Until Presdient Pre-elect becomes President Elect Donald J. Trump. Help is on the way!)
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To: DoughtyOne

Seat belt laws have done FAR more to save lives..

DUI laws are revenue generators.

Breathalyzers are BOGUS. I couldn’t be happier for the people of Oklahoma.


23 posted on 09/28/2016 6:44:00 PM PDT by SomeCallMeTim ( The best minds are not in government. If any were, business would hire them!)
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To: SomeCallMeTim

If the breathalyzers had been unreliable, attorneys would have destroyed their use decades ago.

Hasn’t happened.

DUI laws have cut down on the numbers of people driving under the influence. They don’t get stopped in as large of numbers as they used to, because people are aware law enforcement won’t look the other way anymore.

I agree that not only seat-belts, but airbags, and better impact dampening zones have also helped a lot.

My estimate of 90 thousand saved lives each year didn’t take that into account, but I still believe tens of thousands less people are killed each year due to the drinking and driving laws.

I believe a person can request a blood sample rather than a breathalyzer. That may not be the case in all places, and it would require a ride to the police station.

If the guy fails the preliminary testing, this may be required.

At any rate, I appreciate the response.


24 posted on 09/28/2016 9:04:50 PM PDT by DoughtyOne (41 days: Until Presdient Pre-elect becomes President Elect Donald J. Trump. Help is on the way!)
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To: DoughtyOne
If the breathalyzers had been unreliable, attorneys would have destroyed their use decades ago. Hasn’t happened.

My lawyer "destroyed" one in court 33 years ago, in Houston... I blew a 0.11, when there was NO WAY I was anywhere close to that. It was fairly easy to defeat.

The next year, the law changed; If a person blew >0.10%, they were "presumed guilty". No legal challenge was allowed.

I believe a person can request a blood sample rather than a breathalyzer

The night I was arrested and taken to the station for a breathalyzer test, I saw a sign on the wall saying I had the "right to request a blood test"... I thought that sounded like a good idea.

The guy in line in front of me (obviously VERY drunk) requested a blood test. A cop used the handle of his gun to knock the guy off the stool... his face was bloodied. They laughed, and said he "failed the blood test". I decided to blow... since I knew there was "NO CHANCE" that I would fail.

The guy in front of me blew a 0.55. NO ONE had blown less than 0.10 on this machine in more than 3 months. It was never calibrated during that time. (State Law required such weekly).

I ended up winning a jury trial that lasted a full week. It was a tremendous risk. I had no idea going into it just how stacked the deck would be against me. But, I fought on principle. I was not drunk.

25 posted on 09/29/2016 8:34:52 AM PDT by SomeCallMeTim ( The best minds are not in government. If any were, business would hire them!)
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To: SomeCallMeTim

In your situation, I would have done as you did.

There is also the larger than most would suspect population that merely accepts their fate too.

You had to fork over the attorney’s fees and like you said, take a large risk.

You were obviously dealing with a very unprofessional group of officers. The guy that got physical could have been placed behind bars himself for what he did, he and every person who witnessed what he did and didn’t report it, losing their jobs.

There are AHs in ever walk of life.

Glad you made it out okay.

That law sounds rather unconstitutional. You are guaranteed a right to face your accusers, and the breathalyzer is essentially an accusing agent.

My comment about attorney’s addressing the issue, was meant to reference them destroying the ability to still use them, not challenge them one by one.


26 posted on 09/29/2016 9:44:23 AM PDT by DoughtyOne (41 days: Until Presdient Pre-elect becomes President Elect Donald J. Trump. Help is on the way!)
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To: DoughtyOne
It has also been a very important factor in the reduction of saved lives.

Don't you mean lost lives?

27 posted on 09/29/2016 10:24:24 AM PDT by Alas Babylon!
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To: Alas Babylon!

Well... yes...

But you couldn’t tell it from my note huh. LOL

Thanks for the correction.


28 posted on 09/29/2016 10:57:15 AM PDT by DoughtyOne (41 days: Until Presdient Pre-elect becomes President Elect Donald J. Trump. Help is on the way!)
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