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Anthony Galluccio’s alibi just evaporates (DUI MA Senator who left accident scene)
Boston Herald ^ | 12/25/09 | Joe Dwinell

Posted on 12/25/2009 5:07:18 AM PST by raccoonradio

Take a deep breath. The Herald has put state Sen. Anthony D. Galluccio’s oral argument to the test.

The embattled Cambridge Democrat, on home confinement after pleading guilty to a hit-and-run crash, flunked a series of blood-alcohol checks this week - and he blamed it on his toothpaste.

Galluccio claimed Sensodyne and Colgate Total Whitening toothpaste caused low readings on a Sobrietor, the device Galluccio uses.

Galluccio said he brushed with both brands Monday before blowing into the device showing “several low level positive reads over the course of an hour.”

A Herald test using an Alcohawk Slim Ultra digital Breathalyzer - the Sobrietor is not sold in stores - also showed positive readings for both toothpastes, but any trace of alcohol evaporated within two minutes.

Sensodyne has the higher content of the sugar alcohol sorbitol. But the readings - .03 blood-alcohol estimate seconds after brushing - quickly disappeared. The same for Colgate.

Even a sip of Coors Light registered .25 on the Alcohawk but fizzled to .00 a minute later, according a Herald test.

A shot of 80-proof Bushmills single-malt whiskey scored a .28 on the Alcohawk and took nine minutes to mellow down to .00. But even that spirit ebbed.

Clearly, once toothpaste or a small taste of booze clear the mouth, they no longer register. Not good news for the 42-year-old senator.

Galluccio has been ordered to remain on 24-hour home confinement until a Jan. 4 probation revocation hearing where a judge could toss him back in jail for violating the terms of his sentence.

Last week Galluccio was ordered to remain at home for six months and not touch a drop of alcohol, submit to random alcohol testing, surrender his license for five years and pay a $1,000 fine.

Cambridge District Court Judge Matthew Nestor was willing to allow him to attend church and formal Senate sessions. That has all been pulled off the table pending the outcome of his hearing.

Galluccio, it appears, should get his toothbrushes ready for jail. When it comes to Breathalyzer tests, one expert said, they carry a lot of clout in court - the only chance is to challenge the calibration of a device.

“Breathalyzers definitely pass the gatekeeper standard, and they have for many, many years,” said noted defense attorney Jeffrey Denner.


TOPICS: Miscellaneous
KEYWORDS: breathalyzer; drunk; gallucio; toothpaste
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To: raccoonradio
We have a local Pol who has two or three DWIs in the last five to seven years. Each time he gets probation although the last time they also installed a Breathalyzer interlock on his car's ignition.
This summer he was three sheets to the wind once again, but had a sober friend blow into the Breathalyzer so he could drive. He got caught and the penalty was ......... more probation.
21 posted on 12/25/2009 6:22:53 AM PST by oh8eleven (RVN '67-'68)
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To: raccoonradio

Why do I have this more than passing thought that if this was you or I or any other peon we would have had a far more formal introduction to the penal system by now???


22 posted on 12/25/2009 6:26:23 AM PST by mo
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To: raccoonradio

The courts should be relying on ETG(80 hour) alcohol tests in this case.


23 posted on 12/25/2009 7:01:24 AM PST by goseminoles
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To: raccoonradio

Ingenious! The Toothpaste Defense.

Almost as good as the Twinkie defense.


24 posted on 12/25/2009 8:16:22 AM PST by Ole Okie
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To: Tijeras_Slim; Constitution Day; CougarGA7
A Herald test using an Alcohawk Slim Ultra digital Breathalyzer

Alcohawk Slim Ping.

25 posted on 12/25/2009 10:14:37 AM PST by martin_fierro (< |:)~)
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To: GOPsterinMA; fieldmarshaldj

It figures that he’s a politician.

Merry Christmas!


26 posted on 12/25/2009 10:37:59 AM PST by Clintonfatigued (Liberal sacred cows make great hamburger)
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To: metesky

Who’s live shot?


27 posted on 12/25/2009 4:18:31 PM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN | NO "INDIVIDUAL MANDATE"!!!!!!!)
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To: fieldmarshaldj; GOPsterinMA; Clintonfatigued; darkangel82

Hilariously pathetic.

Reminds of the Seinfeld episode with the poppy seeds making Elaine fail a drug test. Though her excuse was valid on the show.

And maybe would be in real life too.

http://www.straightdope.com/columns/read/1112/will-poppy-seed-bagels-cause-you-to-fail-a-drug-test


28 posted on 12/25/2009 4:24:24 PM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN | NO "INDIVIDUAL MANDATE"!!!!!!!)
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To: raccoonradio
A better alibi would have been that he was french-kissing John Kerry's daughter.
29 posted on 12/25/2009 7:17:19 PM PST by SamAdams76 (Today I outlive Lefty Frizzell)
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To: raccoonradio
13 yr old boy was injured in accident; as Howie Carr points out where is Mothers Against Drunk Driving on this?

I think you must be referring to MARDD (Mothers Against Republican Drunk Driving). In this case, they are Mothers Happy With Democratic Drunk Driving So Long As They Are In Favor Of Abortion. Too bad we can't come up with a clever acronym for that.

30 posted on 12/25/2009 7:23:37 PM PST by SamAdams76 (Today I outlive Lefty Frizzell)
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To: Impy

John Kerry = Live Shot

http://www.liveshot.cc


31 posted on 12/25/2009 7:36:17 PM PST by raccoonradio
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To: raccoonradio; metesky

Well he’s not running for Secretary of State of Mass.

Metesky do mean he wants to replace Hillary?


32 posted on 12/27/2009 12:40:27 AM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN | NO "INDIVIDUAL MANDATE"!!!!!!!)
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To: Impy

You’re catching on now...


33 posted on 12/27/2009 2:25:32 AM PST by metesky (My retirement fund is holding steady @ $.05 a can.)
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To: metesky

Well if Hillary decides to challenge Obama for the 2012 rat nomination....


34 posted on 12/27/2009 10:32:23 PM PST by Impy (RED=COMMUNIST, NOT REPUBLICAN | NO "INDIVIDUAL MANDATE"!!!!!!!)
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