Many years ago I was an avid student of Karate. I had studied different styles until I happened upon American Kenpo. I thought it was a perfect blend of offensive and defensive moves because it embraced a pragmatic philosophy. It was Karate for the little guy. It was Karate in a phonebooth. You were up close and personal with not a lot of the high and hard kicks of Tae Kwon Do.
Kenpo said, “do not bring your foot to their face, instead bring their face down to your foot.” Stomping on feet, toes, and shins naturally bent and brought bigger (taller) people down. Then they were nicely positioned to hit, punch, and strike. In other words knock-em off at the knees. Aiming low (hitting below the belt) was easy for me at 5′6″. It was also very smart.
Nowadays, I bring the Karate philosophy to my DWI defense practice. The prosecution must present foundation evidence before they can admit the results of their breath machine. Without a proper foundation they can not use the results that come out of the machine. They must present evidence that the machine was in “proper working order” at the time of the test. See People v. Freeland, 68 N.Y.2d 699, 700, 506 N.Y.S.2d 306, 307 (1986). Without this foundation evidence the BAC results are inadmissible.
Over the last month I have had multiple cases (after I obtained and reviewed discovery) where the machines were not calibrated ie. properly maintained, for over 6 months. I knew this because I went through the Certificate of Calibration records for these machines.
It seems that the State Police feel that their machines do not require regular maintenance even though New York State has a “written” 6 month rule on Police car speedometers, and an “unwritten” rule that machines used to gather evidence, whether a speed laser gun or a breath machine be checked at least every six months.
This 6 month rule is not written in stone (or specifically in the DWI statutes) but case law supports it.
In New York State the term “calibration” means a machine that has been: (1) inspected, (2)calibrated, and (3) repaired (if necessary) by specially trained technicians at specific certified NYS facilities.
In People v. Todd, 79 Misc. 2d 630, 360 N.Y.S. 2d 754, 759 (Delaware Co. Ct. 1974) a breath test machine had not been calibrated for over a six month time period, and was left on (running) all the time. The County Court disallowed the use of the breath test result. This case was upheld by the Court of Appeals which stated that it is upon the District Attorney to show (demonstrate) that the breath machine is in proper working order.
But as I have stated in prior blogs at: www.ithacadwi.blogspot.com, even though many Courts will see Todd as creating this six month rule some Judges may still decide not to follow it. Then the case must be appealed.
Delaware Online News Video: Driver charged with DUI in pedestrian crash
Delaware STARC Distinctive Unit Insignia Please note these are sold per pair. This means when you order quantity 1, you get two Distinctive Insignia. In this case, you get one RIGHT (DUI-HQ DE-2) and one LEFT (DUI-HQ DE-1)…
Pennsylvania is commonly known as PA by the inhabitants. This state is situated in the Northeastern and Middle Atlantic area of United States of America. It shares it borders with Delaware, Maryland, West Virginia, Ohio, New York, Ontario and New Jersey. The three major famous cities of the state are Philadelphia, Pittsburgh and Allentown. It is also known as the Keystone State and Quaker State.
In Pennsylvania or in any part of the world, buying a car is easy. Maintaining is the most important part of it. In Pennsylvania, antique autos insurance is very easy but people don’t have much of an idea about it. We are here to help them. Firstly you have to know about the auto insurance charge. What are the usual monthly premiums? What are the trends of rates in Pennsylvania? This will enhance your knowledge about the information and make you aware of the real facts.
You will gradually come to know about the terms and conditions. As per the survey, in Pennsylvania the rates of the monthly premiums change or develop in every month. You can also check and put side by side the national premiums too. You can also check the constant ups and downs of the premiums every month. Keep track of everything.
As an educated human being, keeping all the information will help you to take the right decision at right time. Buying autos is a trivial thing but buying it at the right time is a smart work. Pennsylvania has DUI laws. The tracks of information will help in not paying much of premiums that other people might end up with. If you do not know the details about the auto insurance, it can cost you a lot of money. This can lead to a lot of distress and economical problems.
It is good to have some insurance basics. This gives a back up help to get the right insurance policy at right cost. Every one requires a driver insurance of the automobile to move freely from one place to another. Former auto insurance can be of heavy penalty. These Pennsylvanian antique autos insurances are for the automobile. These are not meant for the drivers, so be extra careful about your policy.
Ohio Criminal Law Attorney Cincinnati DUI Defense Lawyer
The act of the Eighty-fourth General Assembly, known as House Bill two hundred forty-nine, found in 109 Ohio Laws at page 105, became effective on July 1, 1921.This law provides for the reorganization of the executive department of the state government and is an administrative code centralizing related executive functions and activities for better administrative care and control.All duties, rights…
This law provides for the reorganization of the executive department of the state government and is an administrative code centralizing related executive functions and activities for better administrative care and control….
Dui Insurance Which is worse on insurance costs or points a DUI or not haveing insurance?
My insurance company has on record that my husband had a DUI 2 years ago, but he didn’t I got the paper work to show that it was a driving without insurance charge but I want to know which is worse to the insurance company.
Since there are states that still do not have mandatory auto insurance laws (Wisconsin and New Hampshire), I would say DUI is the worst.
The DUI (Driving Under the Influence) Survival guide. This booklet is provided by Serenity Group Inc. to all who are affected by, or provide help to those in trouble by a Drunk Driving Arrest. The events following a DUI/DWI are stressful and intimidating….
This digital document is an article from National Underwriter Property & Casualty-Risk & Benefits Management, published by The National Underwriter Company on December 30, 1991. The length of the article is 652 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase…
Beat A Dui What’s the best way to beat a DUI charge?
Besides not putting oneself in that situation to begin w/…Find a good lawyer with a proven track record, alot of times lawyers who do this specifically have relationships with prosecutors etc. that can be exploited for your benefit…It can get pricey however!!
The brand new AlcoMate is one of the most popular consumer-oriented breathalyzers on the market. It uses a highly-selective semiconductor sensor to provide reliable accuracy from 0.00 to 0.40% BAC. The three digit LED displays the exact BAC value, not just a range. The AlcoMate is lightweight and very portable – it is slightly bigger than a deck of cards. Its sleek design and portability make it a…
This book is the ultimate answer to any DUI / DWI / OWI or drunk driving charge. Discover all the secret investigative techniques that are used by law enforcement officers to trick motorists into incriminating themselves and getting a drunk driving conviction. Learn all the insider information about classified legal tactics that are used by prosecutors to get drunk driving convictions. Everything …