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Criminal Law

: DUI Blog

Judge Throws Out 49 Breath Tests

By Lawrence Taylor

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An Arizona judge threw out the breath tests in 49 drunk driving cases yesterday….because the manufacturer refuses to let the defense look into its machines. Thank god for a few honest and gutsy judges still left…. I have posted in the past about a battle being fought in courts across the country — notably in Florida, Minnesota, New Jersey and Arizona — concerning the right of an accused to take a closer look at the all-important breath machine. Under our current legal system, that machine has essentially become the judge, jury and executioner. Trial by machine. But how can this be? Let’s review the laws, which are essentially similar across the country now due to increased federal pressure and MADD’s influence on state legislatures...continue to full post

Full post as published by DUI Blog on May 20, 2008 (boomark / email).

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