South Carolina DUI Lawyer Blog

While it will be announced publicly for purposes of a deterrent effect, here is the schedule for the use of the SC Department of Public Safety “Batmobile” or the truck containing breath testing equipment. The mobility of the device saves making a trip to the police station or the county jail where breath testing devices are kept.

REMEMBER, the law states that only those persons who are UNDER ARREST for DUI can be asked to provide a breath sample. You cannot be asked to provide a breath sample UNLESS you are under arrest based upon probable cause for the offense of DUI.

The schedule is:

Continue reading " The BATMOBILE IS IN TOWN- Mt. Pleasant DUI Enforcement " »

Posted by Timothy Clay Kulp | Permalink | Email This Post

Posted In: DUI Arrest Procedures

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State likely to OK DUI-testing device

Tuesday,  December 9, 2008 3:04 AM
By James Nash
THE COLUMBUS DISPATCH
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Some Ohio police could begin using a controversial portable device to test suspected drunken drivers as early as January after a legislative panel declined to sidetrack the device yesterday.

State safety officials want to buy 700 Intoxilyzer 8000 instruments to distribute to police agencies around Ohio. The devices can be used in the field, unlike stationary blood-alcohol testers.
The $9,000 devices have drawn legal challenges in other states that have used them, and critics in Ohio have urged the state public-safety and health departments to hold off on approving them.
On Dec. 1, the state Controlling Board reversed its decision to approve buying the Intoxilyzers and rescheduled the matter for Dec. 15.
Ohio Department of Public Safety spokesman Tom Hunter said he's confident that the Controlling Board will approve the purchase next week, which would put the devices in the hands of some police as early as January. He said a pilot program likely will begin in southwestern Ohio.
The Joint Committee on Agency Rule Review, a legislative panel, took no action against the Intoxilyzer yesterday. An association of local judges that had warned that using the device would clog courts with appeals dropped its objection yesterday. The judges association did not explain its reasoning.
Lance Himes, assistant general counsel for the Ohio Department of Health, said he doesn't expect the device to draw legal challenges in Ohio because state law forbids drunken-driving defendants from challenging the accuracy of the breath tester.
jnash@dispatch.com

Continue reading " Looks Like Ohio Will Go With the Intoxilyzer-NOT THE DATAMASTER AFTER ALL " »

Posted by Timothy Clay Kulp | Permalink | Email This Post

Posted In: Breath Alcohol Testing

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This is a story worth following.

Background. The manufacturer of the breath testing machine we use in the Palmetto State, National Patent Analytical Company, is located in Mansfield, Ohio. So, you would think that when Ohio decided to replace Datamaster devices (some of which are popping up for sale on Ebay for pennies on the dollar of what Ohio paid) the Datamaster would get due consideration. (Currently, 90 percent of the breath test machines in Ohio are Datamasters. Ohio did not opt to purchase the new model of the Datamaster, the DMT, which South Carolina has opted to purchase.)

No way. Mid-November, an Ohio Board approved without question spending $6.4 million to purchase the breath alcohol testing device made by a chief competitor to the Datamaster Located in Kentucky.

Continue reading " News of Breath Testing Wars Makes Its Way from Ohio to Charleston, SC " »

Posted by Timothy Clay Kulp | Permalink | Email This Post

Posted In: Software Source Code Issues , The BAC Datamaster

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