The consequences of a DUI conviction are under appreciated. While each case outcome turns on the facts and circumstances of the case, the jurisdiction in which it is made, and unexpected consequences during the preparation of a case for trial, getting convicted of DUI is not simply being convicted of a traffic ticket. Read on...
Continue reading " DUI conviction consequences In Charleston and elsewhere in the state " »
As reported by NBC News in Columbus, Ohio, on November 18, 2008, there is a great deal of controversy underway regarding a decision by the state of Ohio to spend nearly $6.5 million to buy breath testing devices made in Kentucky. Point is, National Patent Analytical Company which makes the Datamaster, as used in South Carolina, is an Ohio company based in Mansfield, Ohio.
The device Ohio choose was not the Datamaster but the Intoxilyzer 8000 made by CMI, Inc. It is reported that Ohio bypassed the Datamaster, despite the fact that several states around the country including Arizona and Florida have been or are in the middle of litigation with the maker of the Intoxilyzer over how the machine operates.
CMI has refused to produce the source code software in electronic media format for defense lawyers to have independently tested according to currently accepted software engineering testing standards.
Interestingly, National Patent (Datamaster) has offered its source code software for a price via a message on its website, but subject to an “agreement.” I am requesting a copy of the agreement and I will followup with another post.
As I have said before, without the software, the device is useless for anything other than an oversized paperweight. The software directly governs the breath alcohol test readings that the machine produces.
Since there have been a few versions of the devices over the years, it is impossible to say that this one is the version currently in use in S.C. However, it is may not matter given that the result produced is a indispensable function of the software and S.C. cannot produce an inventory of the software version changes and industry required documentation for the changes over the years (EMPROM reprogramming).
But is nonetheless interesting to see that by name at least, the S.C. device taxpayers state and federal paid for is available on Ebay for a tenth of its original cost.
Click on the link below.
One of the more interesting aspects of the Datamaster is that it lives up to its name-it collects data on tests and other functions or misfunctions.
And this information is on the internet for your review.
http://www.sled.sc.gov/ImpliedConsent.aspx?MenuID=ImpliedConsent
Clicking on the above link will take you there. Once there, you will see a number of options. For lawyers use, they will usually have a client's breath test ticket. This document will yield the date, machine number and other information that aides in locating the database records for that individual test as display in table format of other tests.
It is useful to click on or bring up a range of data. Interpretation of it is another thing, but some things are interesting to say the least.
Continue reading " The Datamaster DATABASE in South Carolina-Charleston and elsewhere in SC " »
As a board certified lawyer in the area of criminal trial advocacy, I handle all types of criminal defense cases. From homicide to controlled substance offenses to internet crimes, I accept representation of persons accused of violating these laws.
DUI cases are unique in many ways. I started this blog because there is just so much to publish about this area of law. In fact, if a person ever has contact with the criminal justice system at all, it may very well be when arrested for DUI.
February 10, 2009 South Carolina's new DUI law will take effect. It is worth reading.
This link will take you to a copy of the final bill.
Six months after the machine went “off line” it is still out of service.
As reported in the Newark Advocate on November 2, 2008 in an article by Russ Zimmer, the BAC Datamaster breath testing device is still not in service in the Licking County, Ohio Sheriffs Office. While the sheriff's department asserts that the machine is in perfect working order, concerns about the maintenance records have left issues to be sorted out by the county prosecutor and the Ohio Department of Health officials.
The BAC Datamaster is the same breath testing device in use in South Carolina.
In court proceedings, a deputy testified that records for the machine that are required to be kept by state law were “disposed of.” The law requires the records to be kept for three years. These records indicated incidences where the device fell outside the accepted range. The machine was simply retested until it successfully measured the solution with a known value.
The lawyer challenging the failure to keep records called into question convictions aided by the BAC Datamaster for the past two years.
http://www.newarkadvocate.com/article/20081102/NEWS01/811020302/1002
