Man sues lab over accuracy of alcohol...

Man sues lab over accuracy of alcohol test

There are 83 comments on the TwinCities.com story from Jan 19, 2011, titled Man sues lab over accuracy of alcohol test. In it, TwinCities.com reports that:

When convicted drunken driver John Gerard Miller flunked a court-ordered test that showed he'd been drinking while on probation, he swore he hadn't touched a drop.

Join the discussion below, or Read more at TwinCities.com.

gwisahoax

Saint Paul, MN

#26 Jan 20, 2011
credibility is what put him in this position in the first place.

1. He denied drinking when his bac was .275%
2. He refused to take the BAC test at the police station.
3. He had so little respect for the law that he drove when his license was suspended.

Character does matter.

He might be turning his life around, but I don't think he is deserving of a lawsuit or settlement for which he wouldn't have been "victimized" if he wasn't in trouble with the law in the first place. Kinda like robbing a bank and breaking your leg then suing the bank for negligence.
gwisahoax

Saint Paul, MN

#27 Jan 20, 2011
Jackpine savage wrote:
Worked in the business with drunk drivers for 35 years. Children KNOW bad behavior and smell of alcohol on a parent. Mom confirmed what child observed as did trained law enforcement. Victim ?...I don't think so. Unique defense...like the "twinkie"...yes. Dad needs to get his act together; denial is more than just a river in Egypt !!
You really need to read the article again. Mom and child were NOT involved in the incident relevant to the lawsuit. I do not support his case, but it does bother me that people fly off the handle with the wrong facts.
Jerky Filter

Rochester, MN

#28 Jan 20, 2011
gwisahoax wrote:
<quoted text>
You really need to read the article again. Mom and child were NOT involved in the incident relevant to the lawsuit. I do not support his case, but it does bother me that people fly off the handle with the wrong facts.
Facts, shmacks! My opinion is more important than mere facts and reading ability. Welcome to the InterWeb tubes!
sandi

Escondido, CA

#29 Jan 20, 2011
Ray Marshall wrote:
"Miller said he had helped his mother clear out her gift shop and had used a lacquer thinner to clean metal shelving in an unventilated back room. And two days before the test, his father wound up in the hospital with a broken hip; while staying with his father, Miller used hand sanitizers several times. "
And he had an alcohol level of .275% after 2 days, had bloodshot eyes, swayed and slurred and smelled of alcohol?
Nursing staff in hospitals and nursing homes use hand sanitizers regularly throughout a day. We must constantly be drunk then.
That quote is in reference to the 2006 arrest.
Le Dumbo

Saint Paul, MN

#30 Jan 20, 2011
Ray Marshall wrote:
"Miller said he had helped his mother clear out her gift shop and had used a lacquer thinner to clean metal shelving in an unventilated back room. And two days before the test, his father wound up in the hospital with a broken hip; while staying with his father, Miller used hand sanitizers several times. "
And he had an alcohol level of .275% after 2 days, had bloodshot eyes, swayed and slurred and smelled of alcohol?
Nursing staff in hospitals and nursing homes use hand sanitizers regularly throughout a day. We must constantly be drunk then.
You may want to work on your reading comprehension. The initial incident that led up to his problems was when he had blood alcohol of .275%. The later false positive was from the alcohol metabolites test.
rsa

Nisswa, MN

#31 Jan 20, 2011
Locking people up is the new money just go and try to prove a cop wrong and or if he or she would have eaten a poppy seed muffin they would show postive for opium
Earsell Mackbee

Saint Paul, MN

#33 Jan 20, 2011
Where's Michelle Bachmann when you need her?

MICHELLE, the Gov't is attempting to regulate a company and cut into their profit margin. C'mon Michelle, so what if innocent people go to jail, we need less regulation so Big Biz can reap more profits! Where are you Michelle? Help us!
Give me a break

Saint Paul, MN

#32 Jan 20, 2011
Jackpine savage wrote:
Worked in the business with drunk drivers for 35 years. Children KNOW bad behavior and smell of alcohol on a parent. Mom confirmed what child observed as did trained law enforcement. Victim ?...I don't think so. Unique defense...like the "twinkie"...yes. Dad needs to get his act together; denial is more than just a river in Egypt !!
Seriously its not wonder our school testing results show us to be doing so poorly in reading and math- people have HORRIBLE reading comprehension skills. I.E. Being able to understand what they read.

Unbelievable.

The guy was, as far as this article can show, sober for 4 years. Was he a saint? No- he obviously has some serious alcohol issues. But if he is playing by the rules of society, then we need to be fair to him. 134 days served for a trumped up Probation Violation charge is injustice
Commissioner Gordon

Bemidji, MN

#34 Jan 20, 2011
rsa wrote:
Locking people up is the new money just go and try to prove a cop wrong and or if he or she would have eaten a poppy seed muffin they would show postive for opium
I would tend to agree to an extent. It seems that its the new way of generating revenue for some shrinking budgets.
Rob A

Plymouth, MN

#35 Jan 20, 2011
Do not agree to these tests, or a breath test. Always demand a blood test, which is your right, and the most accurate accurate test of blood alcohol level.
margo simpson

Johnson City, TN

#36 Jan 20, 2011
He has every reason to sue and I hope he wins. The test is faulty, there is room for error, therefore it cannot be held as accurate evidence against someone. I hope Mr. Miller gets one hell of a settlement.
What the

Manchester, CT

#37 Jan 20, 2011
Rob A wrote:
Do not agree to these tests, or a breath test. Always demand a blood test, which is your right, and the most accurate accurate test of blood alcohol level.
You do not have the "right" to a blood test. You cannot "demand" a blood test. Refusal of a breath or urine test is aginst the law in Minnesota.
jim

Saint Paul, MN

#38 Jan 20, 2011
Ray Marshall wrote:
"Miller said he had helped his mother clear out her gift shop and had used a lacquer thinner to clean metal shelving in an unventilated back room. And two days before the test, his father wound up in the hospital with a broken hip; while staying with his father, Miller used hand sanitizers several times. "
And he had an alcohol level of .275% after 2 days, had bloodshot eyes, swayed and slurred and smelled of alcohol?
Nursing staff in hospitals and nursing homes use hand sanitizers regularly throughout a day. We must constantly be drunk then.
you need to reread the story
gwisahoax

Saint Paul, MN

#39 Jan 20, 2011
margo simpson wrote:
He has every reason to sue and I hope he wins. The test is faulty, there is room for error, therefore it cannot be held as accurate evidence against someone. I hope Mr. Miller gets one hell of a settlement.
Actually, the test worked just fine. Unfortunately it wasn't able to differentiate between alcohol consumed and alcohol absorbed through the skin. It does not appear to me that the company was negligent in any way. The police department on the other hand may have over stepped their bounds a little. I am willing to credit off some probation time for the time he served in jail, but a monetary settlement is a joke.
What the

Manchester, CT

#40 Jan 20, 2011
margo simpson wrote:
He has every reason to sue and I hope he wins. The test is faulty, there is room for error, therefore it cannot be held as accurate evidence against someone. I hope Mr. Miller gets one hell of a settlement.
No matter how faulty a test is in Minnesota they are still held as evidence against you. No judge in Minnesota has the balls to rule against revenue.
streetlights

Eden Prairie, MN

#41 Jan 20, 2011
Let me get this straight. This guy keeps getting drunk, oh yeah and driving, and he is in prison. Folks tailgate, inattentive, ram into cars in front of them, kill folks, and all they get is a careless. I know of many people killed because of my medical background, due to TAILGATING!!!!!!! DO YOUR JOBS COPS AND TICKET THE TAILGATERS, HANDCUFF THEM AND PUT THEM IN JAIL AND IN FRONT OF A JUDGE!!
streetlights

Eden Prairie, MN

#42 Jan 20, 2011
And this guy is not in prison, sorry. I know of a nurse, stone cold sober in an in-patient program, who tested positive on this puke test and lost her job. There is a good damned reason why this test should not be used.
streetlights

Eden Prairie, MN

#43 Jan 20, 2011
Ray Marshall wrote:
"Miller said he had helped his mother clear out her gift shop and had used a lacquer thinner to clean metal shelving in an unventilated back room. And two days before the test, his father wound up in the hospital with a broken hip; while staying with his father, Miller used hand sanitizers several times. "
And he had an alcohol level of .275% after 2 days, had bloodshot eyes, swayed and slurred and smelled of alcohol?
Nursing staff in hospitals and nursing homes use hand sanitizers regularly throughout a day. We must constantly be drunk then.
WHAT??? Did your mother tell you that all cops tell the truth????? NOT!! They are a little club all to themselves and will cut their legs off to save face.
John Andersen

Saint Paul, MN

#44 Jan 20, 2011
Regardless of what this man may have done in the past, we all owe him a big “Thank you”. I have a clean driving record and no criminal record, but I know what it’s like to have been falsely accused by hot-shot cops who were all too willing to believe a ridiculous story concocted by a pathological liar / psychopath. Yes, we should enforce DWI and DUI laws. But, for too long, our court systems have automatically assumed that all breath tests and blood tests are 100% accurate on all occasions. This is pure baloney and many judges should be ashamed to have been so brainless (and gutless) as to have relied on these tests without asking any questions. Finally, someone is fighting back and demanding solid proof that evidence used against him is truly accurate evidence !!
streetlights

Eden Prairie, MN

#45 Jan 20, 2011
Jackpine savage wrote:
Worked in the business with drunk drivers for 35 years. Children KNOW bad behavior and smell of alcohol on a parent. Mom confirmed what child observed as did trained law enforcement. Victim ?...I don't think so. Unique defense...like the "twinkie"...yes. Dad needs to get his act together; denial is more than just a river in Egypt !!
Oops, are you a prosecutor or never do anything wrong and kids don't lie cop? Whichever, enjoy Egypt.

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

East Grand Forks Discussions

Title Updated Last By Comments
News East Grand Forks Man Charged In Somali Restaura... (Jan '16) Jan '16 Parden Pard 6
mary Michelle almendarez the twins (Dec '15) Dec '15 sex buddy 1
Has anyone tried tantra massage? (Dec '14) Feb '15 Cris555 4
News Middle River man sentenced in sex crime (May '11) Aug '14 sad mother 4
Debate: Nuclear Power - Oslo, MN (May '11) May '14 Elixz 2
East Grand Forks Cafe 1940's? (Sep '09) Feb '14 Jeff 5
News Crystal Sugar workers reject contract 4th time (Dec '12) Dec '12 DENG 1

East Grand Forks Jobs

More from around the web

Personal Finance

East Grand Forks Mortgages