Source Code Defense Dead For DUI cases?
- Monday, 15 July 2013 07:30
Recently, the Georgia Supreme Court has resolved the source code
issue brought up with Cronkite v. The State
case. DUI defense lawyers
in Georgia have been filing motions to secure out-of-state witnesses from CMI Alcoblow Breath Test to bring the source code software to Georgia for inspection of errors and flaws.
The source code is the software that operates the Intox. 5000 breath test, which measures an individual’s blood alcohol content
. To get an order for an out-of-state witness, the proponent of the subpoena must show that the witness is a “material witness”. A material witness is defined as “a witness who can testify about matters having some logical connection with consequential facts”.
The Supreme Court holds that, in order to show that the out-of-state witness who was to provide testimony regarding the source code was a “material witness” in this case; Cronkite was required to show the witness’ testimony regarding the source code bore a logical connection to facts supporting the existence of an error in his breath test results.
In other words, the Court places the burden on the Defendant in a DUI case to show facts which would support the existence of a possible error in his specific breath test results.
How in the world a Defendant would ever be capable of doing that is beyond me, and apparently is beyond the folks down at the Ga. Supreme Court as well.
To learn more about DUIs, or if you are in need of legal representation for other traffic violations, please contact MRGADUI
. Don’t forget to connect with attorney Mickey Roberts on Facebook
, and Google+
for the latest DUI news.
About Blood Alcohol Concentration (BAC)
- Monday, 29 August 2011 15:14
The best way to avoid DUI
is to understand the effects that alcohol has on your body and how much you can drink before becoming legally impaired.
Blood alcohol content or concentration (BAC)
is the measure of the amount of alcohol in the bloodstream. The legal limit for BAC in Georgia is .08 for adults and .02 for individuals under 21. There are many factors that affect an individual’s BAC including the following:
- The strength of the alcohol one is consuming. According to the CDC, a standard drink equals the amount of alcohol found in one of the following: 12 oz of beer, 8 oz of malt liquor, 5 oz of wine, or 1.5 oz (or a shot) of distilled spirits or liquor.
- The number of drinks you consume and the amount of time during which you consume them. If you have three drinks within one hour, your blood alcohol level will increase more than if you consume two drinks over the period of three hours.
- Whether or not you’ve eaten. Drinking on an empty stomach means your body will absorb the alcohol more quickly than if you’d had a large meal before a drink.
- If you’re a woman. Women’s bodies generally have more fat and less water than the male body and because fat cells do not absorb alcohol as well as other cells, more alcohol is left in the body when women drink.
- How much you weigh. The more you weigh, the more water is present in your body to help dilute the alcohol in your system.
- How old you are. Older people’s bodies do not process alcohol as easily as younger adults do.
Once you drink alcohol, it is absorbed
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