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Recent Posts in Breath Tests/Breathalyzer Machines Category

August 18, 2010
  Lawnmower Rider Charged with DUI
Posted By Law Offices of Virginia L. Landry

On Saturday, the Marion County Sheriff's office received a phone call about someone riding a lawnmower on a road in Anthony at 11:30 PM.

After receiving reports, a deputy stopped the man who was riding a red craftsman lawnmower that was heading east in the westbound lane without any lights.

The driver of the lawnmower, Richard Paschen, was holding a cup containing beer in a cup holder. When stopped, Deputy Gary Miller asked the Paschen how much he had drank and Paschen said, "a pretty good bit". 

After failing field sobriety tests, they lawnmower rider was placed under arrest for driving under the influence. At the Marion County Jail, he refused to take a breath test. When questioned by police, Paschen said that he has so manyDUI charges that he has lost count.

Upon pulling his record, police saw he had three prior DUI convictions and that his driver's license has been suspended seven times. One of the suspensions was permanent.

If you have been charged with DUI in Southern California, now is the time to contact our firm and speak with an Orange County DUI lawyer.

Continue reading "Lawnmower Rider Charged with DUI " »

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June 22, 2010
  400 People Convicted fro DUI based on Faulty Breath Tests
Posted By Law Offices of Virginia L. Landry

Recently, it was reported that 400 people were convicted of driving under the influence in Washington D.C. since fall of 2008 and half were sentenced to jail time.  Unfortunately, city officials now say these individuals were convicted based upon the results of faulty breath testing machines. 

According to D.C. Attorney General Peter Nickles, the breath test machines were improperly adjusted by law enforcement officers.  The people who were ordered to serve time in jail generally spent at least five days in police custody.

At this time, Nickles's office is working to notify the drivers that were arrested for driving under the influence and at least one lawsuit has been filed against the District.  Many say that the faulty tests could lead to requests for expungements, new trials and will leave people skeptical of breath alcohol testing.

When people are charged with drunk driving, they commonly contest the results of their breath tests.  Now that this news has been made public, some defense attorneys say that more people will question breath testing when they are facing prosecution for DUI.

Nickles told news sources that the faulty breath testing equipment showed results that were 20% higher.  There were 10 questionable test machines used by police in the District and all were found to produce erroneous results.  All of the machines were under investigation by Nickles's office since last February because a consultant for the city suspected that there was an accuracy problem.  Nickles says that all of the breath tests have been replaced with another brand and stricter standards for testing the accuracy of the machines have been put into action.

Investigations revealed that 1,100 prosecutions that took place between September 2008 and February 2010 relied heavily on breath test results. 

If you are facing DUI charges and believe your breath test was faulty, now is the time to have your case reviewed by an Orange County DUI attorneyContact the Law Offices of Virginia L. Landry today!

Continue reading "400 People Convicted fro DUI based on Faulty Breath Tests" »

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June 15, 2010
  New Program to Pilot Next Month for Convicted DUI Offenders
Posted By Law Offices of Virginia L. Landry

In California, a new program is expected to start next month.  The program will target those who have been convicted of driving under the influence (DUI).  With the program, before convicted DUI offenders start their vehicles, they will have to test their breath alcohol levels. 

Last fall, a bill was signed by Gov. Arnold Schwarzenegger that requires first-time DUI offenders to have Breathalyzers attached to the dashboards of their vehicles.  If alcohol is detected, their vehicles won't start. 

The law will go into effect as of July 1st in Los Angles, Alameda, Sacramento and Tulare.  In 2015, the new legislature will be evaluated and if successful, it will become a law statewide.

Have you been charged with DUI in Orange County?  If so, you should discuss your case with an Orange County DUI lawyerContact the Law Offices of Virginia L. Landry now to learn more about your individual rights and possible defenses.

Continue reading "New Program to Pilot Next Month for Convicted DUI Offenders" »

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March 04, 2010
  Breathalyzer Machines Aren’t Perfect
Posted By Law Offices of Virginia L. Landry

The Washington DC Metropolitan Police Department is investigating problems they’ve been experiencing with the Intoxilyzer DUI breath test machines they have been using. According to preliminary reports, 80% of DC’s Intoxilyzer units were affected.

It’s not completely unusual for a breathalyzer machine not to work. Although those machines are used by police departments throughout the country, they can easily produce a false reading when defective or when they aren’t used properly. In fact, there are many ways to contest the accuracy of a breathalyzer test result in an effort to fight someone’s drunk driving charges. Radio frequency interference, operator errors, failure to properly calibrate the machine, and a lack of officer training on how to use the machine are all examples of factors that could cause a breathalyzer machine to give an inaccurate reading.

If you or a loved one has been arrested for DUI in Orange County, you can count on an experienced Orange County DUI defense lawyer at the Law Offices of Virginia L. Landry to provide you with the aggressive defense your case deserves. You can trust the firm to evaluate your breath test results and investigate whether a mistake or error was made. In the event that the results were inaccurate, the firm we will challenge your result in an effort to get your charges reduced or dismissed. Without those test results, it will be difficult for the prosecution to continue on and win their case.

To learn more about the DUI defense services offered the Law Offices of Virginia L. Landry, contact the office today at (877) DUI-QUEEN!

Continue reading "Breathalyzer Machines Aren’t Perfect" »

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