South Carolina DUI Lawyer Blog

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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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.

Posted by Timothy Clay Kulp | Permalink | Email This Post

Posted In: The BAC Datamaster

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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.

http://cgi.ebay.com/NPAS-BAC-Datamaster-Breathalyzer-ALCOHOL-BREATH-TEST_W0QQitemZ120300676765QQcmdZViewItemQQptZLH_DefaultDomain_0?_trksid=p3286.m20.l1116

Posted by Timothy Clay Kulp | Permalink | Email This Post

Posted In: The BAC Datamaster

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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" »

Posted by Timothy Clay Kulp | Permalink | Email This Post

Posted In: The BAC Datamaster

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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

Posted by Timothy Clay Kulp | Permalink | Email This Post

Posted In: The BAC Datamaster

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