Thursday, July 29, 2010

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DataMaster

DUI Dismissals Result From Faulty Breathalyzers

March 2, 2010

If you’re charged with a Michigan DUI or OWI (drunk driving), then perhaps the strongest piece of evidence that the prosecuting attorney can use against you case is the breathalyzer results.  These will be produced at the police station after being arrested for DUI in Michigan. Without these results perhaps showing that you were over [...]

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Michigan’s Million Dollar DMT DUI Debacle

February 7, 2010

For almost a year Michigan’s DUI lawyers have been waiting for the lastest and greatest breath test machine, the DataMaster DMT, to be rolled out in Michigan.  Although Millions have been appropriated to purchase the DMT in Michigan, the new breath testing machine has still not been put into service.  And Michigan’s DUI lawyers are [...]

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What do Global Warming and Drunk Driving Defense Have in Common?

December 1, 2009

Answer: Scientists involved in the prosecution of drunk and drugged driving and global warming both use science and scientific principles to make their case.  Some also believe that both misuse science and hide the truth in order to mislead the public. Regarding global warming this point is made in an article entitled Secrecy in science is a [...]

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Meaning of “INTERFERENCE DETECTED” in DUI Breath Testing

October 9, 2009

Michigan exclusively uses the DataMaster to measure the breath alcohol of all persons arrested for drunk driving.  The DataMaster operates on the scientifically accepted principle of absorption of infrared energy. Michigan is about to put into service a new DataMaster called the DataMaster DMT. The analytical portion of the DMT is essentially identical to the [...]

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Thousands of Breath Tests Improperly Admitted in Michigan DUI Trials

October 7, 2009

In a Michigan drunk driving case it is typical for the breath test results to be entered into evidence based solely on the testimony of the breath test operator.  The precedent “foundation” for the admission of the breath test results usually includes only the admission of the simulator logs.  According to Michigan’s administrative rules governing breath [...]

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Barone Obtains Three Careless Driving Pleas in Two Weeks!

August 18, 2009

Case One: People v. K.E. Charge: OWI (Operating While Intoxicated) Prior Record: One prior drunk driving in Illinois Client was stopped for speeding 10-15 MPH over the limit by a Michigan state trooper.  The report indicates she was slow to pull over. She admited to drinking beer had the odor of alcohol, bloodshot glassy eyes and slurred [...]

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Michigan’s First Melendez Diaz Motion?

August 6, 2009

I rarely write about war stories, but thought this one might be a good one to relate on this blog. First some background. In some courts in Michigan a jury in a drunk driving case is picked one day and subsequently a trial date is set. The trial date may be several weeks later. It’s also very typical [...]

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Lack of Witnesses Makes Breath Tests Inadmissible

July 31, 2009

 Prior articles on WinBackYourLife.org have discussed the significance of the recent USSC case of Melendez-Diaz.  These articles have discussed how the Supreme Court’s ruling in this case will make it more difficult for prosecutors to gain convictions in drunk driving cases through the use of breath or blood test results.   A recent article on [...]

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How to Beat a Michigan Drunk Driving Charge at Trial

July 17, 2009

In criminal law, and therefore in a drunk driving trial, winning simply means showing that there is a reason to doubt that the crime has been proven. Therefore, you beat the drunk driving charge at trial by showing that there is a reason to doubt: That you were drunk That you were drunk while driving [...]

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New Supreme Court Ruling Makes Drunk Driving Acquittals More Likely

June 25, 2009

Before today, a typical drunk driving trial in Michigan, with breath test evidence, would consist of perhaps as few as one witness.  That one witness would be the arresting officer, who would talk about everything he or she witnessed at the roadside to “validate” the arrest, and everything he or she did to collect the [...]

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A Look Inside The DataMaster DMT

June 25, 2009

Few Michigan DUI defense lawyers have seen or even know about the new DataMaster DMT.  I wanted to be the first to write about how it works, and provide lots of photos.  This will help the typical Michigan DUI lawyer better represent his or her clients. Analytically, the new DataMaster DMT is the same breath [...]

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Michelle Glinn Concludes DataMaster DMT Flawless

June 25, 2009

As previously reported, Michigan is in the process of placing a new breath testing instrument into service.  This breath testing instrument is called a DataMaster DMT.  Michigan has ordered a few hundred of these new breath testing units, and they are currently being evaluated by the Alcohol Enforcement Unit, Traffic Services Section of the Michigan [...]

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Boyle Obtains Total Victory for Client Accused of Drunk Driving and Breath Test Refusal

June 12, 2009

In this case our client was charged with drunk driving (in Michigan called OWI) because he was OUIL (operating under the influence of liquor) and charged with a violation of Michigan’s implied consent law for refusing a breath test.  But, before we get the details of the case, here is some information about attorney Michael J. Boyle. [...]

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Michigan’s New DataMaster DMT

May 30, 2009

There has been some previous discussion on these pages about DataMaster’s new breath testing machine known as the DataMaster DMT.  None of this information is particularly useful in the defense of drinking drivers so I thought it a good idea to provide readers with some comprehensive information about this device as it is about to [...]

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