Posted on
June 22, 2008 in
I have a DWI jury trial tomorrow in Harris County. No NLSes; this time it’ll be “Full speed ahead!”, David Farragut-style.
Did you know that the Intoxilyzer-5000’s margin of error for an unknown solution (i.e. your breath) is +/- 0.020? That means that if your BrAC is .06 and the machine says .08, it’s within the margin of error. If that doesn’t convince you not to blow in the damned thing, I don’t know what will.
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Is the Intoxilyzer 5000 the state of the art machine now?
Also, who’s the best defense expert for informing the jury what a crap-pile an Intoxilyzer is? Last time I heard (a helluva long time ago) John Castle wasn’t bad.
Best NLS story I ever heard was from a cousin of mine who is an attorney in Buffalo N.Y. When he was a USAF JAG back in the 70’s he had a guy who was busted for posession of pot. Well my cousin did his homework and actually READ the statute, the USAF reg, and the lab report. Turns out that what the defendant had was “POT” but it wasn’t the particular species of plant then banned under the law or regulation, at that time. The client got off and the regulations got rewritten.
Good luck
Michael, the Intoxilyzer 5000 is not the state of the art, but it’s what Texas uses. I don’t know who the best defense expert is. There’s no room for that in this case.
Brendan, the variety of cannabis that is outlawed is Cannabis Sativa L. There are apparently other varieties — C. Indicus, C. Ruderalis — that can now more easily be distinguished from C. Sativa.
As a green attorney, your comment regarding refusing to blow intrigues me given the likely loss of driving privileges for one year or more(depending on the state). Do you hang your hat on being able to then beat the administrative process or is it a “trade-off”? (“Client, you may not be able to drive for a year, but at least you didn’t get a DUI!”).
Scott:
Mark is neither environmentally conscientious, nor inexperienced.
How hard is it in Harris County to get an ODL for whatever the automatic suspension for refusing a breath test is nowadays? (I’m asking; I’m one of those wacky civil attorneys who doesn’t know.)
Hah! I meant being green myself. Thanks though, words are important. Should have chosen more carefully.
[…] extends an earlier post, in which he explainst the breath tester in use here in Texas, the Intoxilyzer 5000, has a 25% […]