[IP] more on Breathalyzers and Open Source
Begin forwarded message:
From: Ed Biebel <edward@xxxxxxxxxx>
Date: October 28, 2005 10:22:45 AM EDT
To: dave@xxxxxxxxxx
Subject: RE: [IP] more on Breathalyzers and Open Source
In addition, I believe that in both Pennsylvania and New Jersey
agreeing to
submit to a breathalyzer or blood test is a condition of having a
driver's
license. Refusing to take the test can result in an immediate
suspension of
your driver's license (6 months to a year I believe).
A friend of mine that is attorney recommended not refusing the tests
(especially for a first offense) because he said that at trial a good
attorney would have leeway to present mitigating issues, challenge the
accuracy of the tests, plea to a lesser charge for a lighter
sentence, etc.
However the refusal of the test was cut and dry and essentially
resulted in
a mandatory punishment.
While IANAL and I'm not advocating people drink and drive (or avoid
punishment if they do), I thought this was an interesting legal
perspective
worth mentioning.
-Ed
-----Original Message-----
From: David Farber [mailto:dave@xxxxxxxxxx]
Sent: Tuesday, October 25, 2005 5:14 PM
To: Ip Ip
Subject: [IP] more on Breathalyzers and Open Source
Begin forwarded message:
From: Bradley Roberts <br2@xxxxxxxxxxxxxxxx>
Date: October 25, 2005 4:04:40 PM EDT
To: David Farber <dave@xxxxxxxxxx>
Cc: "Andrew D. Swart" <andrew@xxxxxxxxx>
Subject: Re: [IP] more on Breathalyzers and Open Source
A friend got pulled over in front of me for some minor infraction
(into a bike lane too early for a right turn, if I remember
correctly). I knew he had come from a bar and had probably had at
least one drink. They started in on the normal dui tests (speech,
eye, coordination, etc) in front of me. I had enough time before
this to tell him not to submit to a breathalyzer as they're
inaccurate - he said that he was probably above the limit, so I told
him that he could expect that they'd figure this out and he'd be
taken to the police station for a blood test if he refused a
breathalyzer.
By refusing to submit to the breathalyzer, under CA law (or at least
in San Luis Obispo), the officers have the option to place the person
under arrest and take them in for more thorough evaluation. They did
this - unfortunately for my friend, he didn't take well to being
handcuffed and started to argue/resist. Probably would have been
treated better had he not. Ultimately his blood was tested and was
found above the legal limit. He made a bad choice and is still
paying the consequences but no one was hurt.
However, it should be clear that if you refuse to take a breathalyzer
test, you MAY be arrested. Whether or not you've ever had a drop of
alcohol in your life. Refusing the test is within your rights, but
an officers suspicion will quickly place you in shackles and you'll
be subjected to the more reliable (and repeatable) tests.
Begin forwarded message:
From: "Andrew D. Swart" <andrew@xxxxxxxxx>
Date: October 24, 2005 4:30:21 PM EDT
To: dave@xxxxxxxxxx, 'Ip Ip' <ip@xxxxxxxxxxxxxx>
Subject: RE: [IP] more on Breathalyzers and Open Source
Reply-To: andrew@xxxxxxxxx
...I mention all these factors because they are common in many
measurement instruments...
...No amount of viewing the code will tell you that.
A local attorney (Santa Barbara) regularly takes out full page ads in
local papers seeking DUI clients, but also advising people of their
rights during a suspected DUI stop. One of his biggest pieces of
advice: refuse under all circumstances an invitation to take a
breathalyzer test. He points out that the portable technology is
flawed
and the results can't be verified independently (only a single
sample).
Instead, do no resist, if law enforcement insists, taking a blood or
urine test. More reliable and samples remain for independent
testing at
later stage. Warning: refusing a breathalyzer test (but not the other
tests) in California is reportedly within our rights; this may not be
the case in all other states.
Andrew Swart
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--
Bradley Roberts (br2@xxxxxxxxxxxxxxxx)
Graduate Student, Department of Materials Science & Engineering
Roberts Hall 302 Box 352120
University of Washington
Seattle, WA 98195
206-616-7485 lab
206-543-3100 fax
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