Breath Testing in DUI Cases
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The breath test machine used in Long Beach is manufactured by CMI and
has been around for many years. The breath testing process in Long
Beach is overseen by the Long Beach Police Department Crime Lab and
they have written the protocol for the administration of the breath test by all
officers.
Breath testing in general is susceptible to many problems, namely
contamination by mouth alcohol, interfering substance issues such as
acetone, failure to properly follow the regulations including the lack of a
continuous observation period prior to administration of the test.
The Intoxilyzer 5000 is notorious for giving false readings in a variety of
different circumstances. For example, the machine often confuses the
substance acetone with alcohol. Acetone is found in the mouths of many
people, particularly those with diabetes and blood sugar maladies. In
addition, our attorney has successfully gotten the machine readings
suppressed in a number of cases that involve mouth alcohol and displays
an "Invalid Test" situation. In at least two cases in the last year the lawyer,
Matthew Ruff, has obtained an acquittal in criminal court and drivers
license suspension set asides in other cases where the Long Beach
Police and/or the CHP has hidden crucial evidence of breath testing
improprieties involving this machine. In one noteworthy case the jury
disregarded a breath reading of a sample with .10% and found our client
not guilty due to the police officer improperly using the machine and then
trying to hide his mistakes. In another case, the DMV in El Segundo threw
out a reading of a .13% when counsel proved that the machine may have
been reading mouth alcohol residue rather than true blood alcohol. This
result was possible even though a Forensic Alcohol Supervisor from the
Long Beach Crime Lab testified that the machine was operating properly.
Modern day breath machines are touted as being reliable to determine a
DUI suspect's blood alcohol level. Because the machines are used so
frequently they have taken on an aura of scientific reliability in the legal
system that has fostered an environment that sometimes overlooks
mistakes and "minor" deficiencies in the regulatory requirements. It is the
job of the Defense Attorney to find these deficiencies and expose them in
order to keep the system form becoming rubber stamp for law
enforcement.
Our intricate knowledge of the science principles behind breath testing
machines allows us to find the defect in your DUI case. Our Long Beach
driving cases in Long Beach and throughout Southern California. Contact
us today for a no-obligation case review of your DUI arrest.
In addition to the Intoxilyzer 5000, we our very knowledgable about other
devices such as the Datamaster which is used in all Manhattan Beach DUI
cases, the ECIR which is used in Los Angeles city, and all portable
machines such as the PAS Alcosensor 4 used by the Police department
for El Segundo DUI charges.
The Datamaster is commonly used in Torrance and many of the South bay
cities and throughout Los Angeles County. Our attorneys know the inner
workings of the machine and how to beat it in Court
has been around for many years. The breath testing process in Long
Beach is overseen by the Long Beach Police Department Crime Lab and
they have written the protocol for the administration of the breath test by all
officers.
Breath testing in general is susceptible to many problems, namely
contamination by mouth alcohol, interfering substance issues such as
acetone, failure to properly follow the regulations including the lack of a
continuous observation period prior to administration of the test.
The Intoxilyzer 5000 is notorious for giving false readings in a variety of
different circumstances. For example, the machine often confuses the
substance acetone with alcohol. Acetone is found in the mouths of many
people, particularly those with diabetes and blood sugar maladies. In
addition, our attorney has successfully gotten the machine readings
suppressed in a number of cases that involve mouth alcohol and displays
an "Invalid Test" situation. In at least two cases in the last year the lawyer,
Matthew Ruff, has obtained an acquittal in criminal court and drivers
license suspension set asides in other cases where the Long Beach
Police and/or the CHP has hidden crucial evidence of breath testing
improprieties involving this machine. In one noteworthy case the jury
disregarded a breath reading of a sample with .10% and found our client
not guilty due to the police officer improperly using the machine and then
trying to hide his mistakes. In another case, the DMV in El Segundo threw
out a reading of a .13% when counsel proved that the machine may have
been reading mouth alcohol residue rather than true blood alcohol. This
result was possible even though a Forensic Alcohol Supervisor from the
Long Beach Crime Lab testified that the machine was operating properly.
Modern day breath machines are touted as being reliable to determine a
DUI suspect's blood alcohol level. Because the machines are used so
frequently they have taken on an aura of scientific reliability in the legal
system that has fostered an environment that sometimes overlooks
mistakes and "minor" deficiencies in the regulatory requirements. It is the
job of the Defense Attorney to find these deficiencies and expose them in
order to keep the system form becoming rubber stamp for law
enforcement.
Our intricate knowledge of the science principles behind breath testing
machines allows us to find the defect in your DUI case. Our Long Beach
driving cases in Long Beach and throughout Southern California. Contact
us today for a no-obligation case review of your DUI arrest.
In addition to the Intoxilyzer 5000, we our very knowledgable about other
devices such as the Datamaster which is used in all Manhattan Beach DUI
cases, the ECIR which is used in Los Angeles city, and all portable
machines such as the PAS Alcosensor 4 used by the Police department
for El Segundo DUI charges.
The Datamaster is commonly used in Torrance and many of the South bay
cities and throughout Los Angeles County. Our attorneys know the inner
workings of the machine and how to beat it in Court
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Attorney and criminal lawyer II Drunk in Public charges near Belmont Shore and Shoreline Drive, Redondo Beach DUI Attorneys
Contact Us you will get important information of the judicial process || Attorney Services all criminal cases and Drunk Driving
Offense as well as DWI Long Beach Superior Court information and resources Site Map || Expungement of Criminal Convictions
Clear convictions|| California DUI Law including consequences a conviction might have on your record|| Drug Possession sales
and personal use Search and Seizure Law in Wilmington || Solicitation of Prostitution in Harbor City II Actual Long Beach Criminal
Case Results || Domestic Violence cases II Long Beach Lewd Act in Public Defense II DUI Arrest in Signal Hill || Felony Case
Process || Lineups , motions to exclude Pre-Filing Criminal Investigation || California Three Strikes Law motions to strike priors
Miranda Rights || Legal Resources Directory that includes referrals to other attorneys outside Long Beach || San Pedro DUI
Attorney and criminal lawyer II Drunk in Public charges near Belmont Shore and Shoreline Drive, Redondo Beach DUI Attorneys
