Lowell attorney mulls appeal of rulin...

Lowell attorney mulls appeal of ruling that Breathalyzer is reliable

There are 9 comments on the Lowell Sun story from Feb 8, 2011, titled Lowell attorney mulls appeal of ruling that Breathalyzer is reliable. In it, Lowell Sun reports that:

Prosecutors are toasting, while defense attorneys are drowning their sorrows, over a long-anticipated district-court ruling in a unique drunken-driving case that challenged the validity of using the Breathyalzer test as evidence in drunken-driving trials.

Join the discussion below, or Read more at Lowell Sun.

Adam

Tyngsboro, MA

#1 Feb 9, 2011
Why are laws that protect the average good citizen always changed in favor of protecting drunks, criminals and illegals?

KEEP the breath test!!

I hate lawyers.
Amused

Lowell, MA

#2 Feb 9, 2011
Adam wrote:
Why are laws that protect the average good citizen always changed in favor of protecting drunks, criminals and illegals?
KEEP the breath test!!
I hate lawyers.
Let me see if we can tell you this with small words so you get it. The drunks asked the judge to change the law. The judge said "No". There has been no change. Got it now? I hope so, because all those words are one syllable. Until Topix lets us draw pictures,it can't be dumbed down for you any more than that.
Amused

Lowell, MA

#3 Feb 9, 2011
"With the passage of harsher penalties in Massachusetts through the approval in 2005 of Melanie's Law, breath-machine results are now allowed to be admitted at trial."

No, Lisa. The Breathalyzer has been around, and the results admissible, for many years. Melanie's Law had nothing to do with making the results admissible at all. Massachusetts' Implied Consent law, compelling drivers to submit to blood, breath or urine tests or face license suspension, was on the books well before I went to drivers' ed in the early seventies. The 2005 law made it a separate offense to drive with a blood alcohol level over 0.08, the so called "per se" offense.
Townie

Salem, MA

#4 Feb 9, 2011
Amused wrote:
"With the passage of harsher penalties in Massachusetts through the approval in 2005 of Melanie's Law, breath-machine results are now allowed to be admitted at trial."
No, Lisa. The Breathalyzer has been around, and the results admissible, for many years. Melanie's Law had nothing to do with making the results admissible at all. Massachusetts' Implied Consent law, compelling drivers to submit to blood, breath or urine tests or face license suspension, was on the books well before I went to drivers' ed in the early seventies. The 2005 law made it a separate offense to drive with a blood alcohol level over 0.08, the so called "per se" offense.
Trying to get her to understand rather regular, non-esoteric facts, is like a) arguing with a drunk or b) banging your head against a wall - the results are the same - a big headache. She never lets the facts get in the way of a good story, even if they are wrong and the word "research" is from a foreign language to her - tis much easier to be lazzzzzzy.
William Finn

Salem, MA

#5 Feb 11, 2011
The breathalizers should be admitted, but they shouldn't be allowed to rule absolutelt. These may also give an opertunity to proove s police officer missused it to falsly prove some accusation that was questionable or altogether false.Like see how that there is no cluyes yet as to the theft of a lot of pot and druge from a police station warehous for evidence? Of course there's no clues! Police are good at what they do!
Karen

Tyngsboro, MA

#6 Feb 11, 2011
Amused wrote:
<quoted text>
Let me see if we can tell you this with small words so you get it. The drunks asked the judge to change the law. The judge said "No". There has been no change. Got it now? I hope so, because all those words are one syllable. Until Topix lets us draw pictures,it can't be dumbed down for you any more than that.
Can you read? I was talking about LAWS. That is plural. If you can't understand the broader scope of my post you are one dumb bowlfloater. Smarten up and see the big picture.
Karen

Tyngsboro, MA

#7 Feb 11, 2011
Note above posted after my wife did on another thread. Hence the name difference.
Adam and Karen from Dracut.
Amused

Lowell, MA

#8 Feb 16, 2011
Karen wrote:
<quoted text>
Can you read? I was talking about LAWS. That is plural. If you can't understand the broader scope of my post you are one dumb bowlfloater. Smarten up and see the big picture.
I won't stoop to your name-calling level, but, for the sake of trying to have an intelligent discussion, please name even ONE law related to drunk driving that has been changed in a way that has made penalties lower, or made convicting drunk drivers more difficult. You can't, because, in fact, the last 15 or so years have seen a number of bills increasing the penalties for drunk driving, particularly for subsequent offenses,increasing the "lookback" period for determining subsequent offenses from 10 years to lifetime, making it easier to prove prior convictions by authorizing the admission in evidence of more types of official records as evidence of convictions, and creating a "per se" offense of driving with a BAC above 0.08, allowing prosecutors to prove their case without having to prove actual impairment of ability to drive.

The laws are not perfect, and I have long advocated for repeat offenders to have their registrations revoked and plates seized to prevent them from driving, as well as allowing insurers to refuse to sell policies to repeat offenders, but even without those changes, there has not been a single instance of a newly-enacted statute or a judicial decision that has weakened the laws on drunk driving.
wow

Chelsea, MA

#9 Feb 19, 2011
So sad.

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