The Datamaster DATABASE in South Carolina-Charleston and elsewhere in SC
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.
Historically, error codes was the description used by SLED. However, after a few years, it was deemed best to change this designation to “status” codes. That certainly took the “error” out of it.
I will upload a sample page that is marked/annotated by me to show an interpretation of a section of listed tests that certainly makes one pause.
BUT, the most interesting aspect to review are the “inspection records” which are not called “repair records.“ I will also post a sample elsewhere here. You might find interesting the fact that SLED, not the manufacturer of the devices, repairs (ok, inspects), the machines.
Compare the detail and logic of the ”inspection report“ contents against your invoice from an oil change at Jiffy Lube. Which informs you more about what happened during the ”inspection?“
An ”inspection“ might take a few minutes. Or it might take a few hours. Nonetheless, any field notes that are made during this process are destroyed when the ”inspection report“ is drafted and posted on the net. The explanation of the interaction with the machine might very well be one line.
My favorite one is this- ”THE VOLTAGES WERE INSPECTED AND/OR REPAIRED.”
Remember, this machine produces evidence used in criminal cases to prosecute citizens accused of violation of a criminal law.
So. Were the voltages inspected or repaired. As well, if repaired, and how would you know, several other questions remain.
-why did the voltages break?
-what tests were effected by the break over what period of time?
-was this failure reported to the manufacturer for consideration?
-what “repair” procedures were used? A turn of a screw? Replacement of a component?
In fact, SLED insists that these “inspection reports” comply with the law. And there is a law on point.
Section 56-45-2954 of the SC Code, as amended is entitled, Breath Testing Devices; records of problems with devices.
“The State Law Enforcement Division and each law enforcement agency with a breath testing site is required to maintain a detailed record of malfunctions, repairs, complaints, or other problems regarding breath testing devices at each site. The records required by this section are subject to compulsory process issued by any court of competent jurisdiction in the State and are public records under the Freedom of Information Act.” [Emphasis added]
Thing is, some agencies keep local records. Some don't. SLED's position is that despite the clear language “and each law enforcement agency...” the requirements of the statute are met by the preparation and posting of the “Inspection Reports” you can examine on the website as I have described. And, that the local agencies don't have to do so.
Fortunately, you, the citizen, can form your own opinion as to statutory compliance.
