Lawyer calls breath testers into ques...

Lawyer calls breath testers into question

There are 13 comments on the Berkshire Eagle story from Dec 11, 2009, titled Lawyer calls breath testers into question. In it, Berkshire Eagle reports that:

It all comes down to reliability, according to Pittsfield attorney Leonard H. Cohen, who does not accept the notion that manmade machines are infallible, particularly since the humans who make them are fallible.

Join the discussion below, or Read more at Berkshire Eagle.

“Limitedtimeoffer exps21122012”

Since: Jul 09


#1 Dec 11, 2009
If the machine went through testing then that alone should be enough to pin the drunks with DWI this is a waste of money and time of the courts.

Pittsfield, MA

#2 Dec 11, 2009
Not necessarily. There have been cases in the past where the software code was released and was found to have major bugs in it that could cause incorrect readings.


Since: May 08

South Glens Falls, NY

#3 Dec 11, 2009
Everyone is fairly familiar with how a dash cam works,video all stops!
cool out


#4 Dec 11, 2009
tell the codes............

Warminster, PA

#5 Dec 11, 2009
I have no sympathy for those who get OUIs. They likely failed the sobriety test in addition to the breathalyzer.
just me

San Antonio, TX

#7 Dec 11, 2009
Jim wrote:
I have no sympathy for those who get OUIs. They likely failed the sobriety test in addition to the breathalyzer.
There you go--and it was a judgement call by the arresting officer- who then takes the subject to the police station for booking and a breath test. YOU have a right to question your acuser- but if the acuser is a machine then where does that right go? You can challenge the officer in court and if he screws up in his testimony then they submit the results which MAY be faulty. Ever notice how most DUI cases come up with the .15 limit, I SAY its in the alcohol swab that they wash off the air oriface with JUST BEFORE you blow in it. And every machine should be calibrated prior to you blowing in it and after it is swabbed.

Cummington, MA

#12 Dec 11, 2009
Everyone should be entitled to a fair trial, therefore, the information should be released and I agree with Atty. Cohen & Judge Rutberg. However, each case should be examined independently, every time a breath test is administered, the machine should be calibrated before the defendant provides a sample and immediately after to ensure its accuracy. Drunk driving is a serious crime with serious penalties,. An accurate machine will ensure the guilty are found guilty and the innocent found innocent. Release the information.
if the cops were smart


#13 Dec 11, 2009
they would wait outside of the tavern on 4th st and bust everyone that goes there for last call
About time

Syracuse, NY

#14 Dec 12, 2009
Those POS machines give false positives on Listerine. It's a known fact. Junk them all and buy made-in-the-USA devices. Why the hell are we enriching a Nazi company anyway?
Im a local

Queensbury, NY

#15 Dec 12, 2009
Is this a new test? I thought you cannot use the results of a breath test as evidence in court.
P Jackson

United States

#16 Dec 12, 2009
Start taking blood. Can't beat those tests.

Adams, MA

#17 Dec 12, 2009
Freedom Freddie strikes again. All of those tests are calibrated.

Cummington, MA

#18 Dec 12, 2009
Im a local wrote:
Is this a new test? I thought you cannot use the results of a breath test as evidence in court.
Good question: The results of a breath test AT the police station can be entered into evidence during trial. However, a road side portable breath test is not admissible (the units are not accurate) If a person refuses the breath test at the police station that cannot be brought up during trial.

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