Partition Ratio or Blood-Breath Presumption. The DUI Exception - Page 3. Well, there's no question, there were fewer acquittals now and the prosecutors were increasing their conviction rate.
But, there were still some acquittals. And so MADD and the federal agencies decided to change the law further. More accurately, MADD came up with another law. This is called the per se law: If we can't convince jurors that a person is under the influence over .08, we can make it a crime to merely drive while having a BAC over .08. The crime is being over .08 per se. Well, this once again certainly increased the conviction rate, and the number of acquittals continued to drop. The machine is measuring the breath. But the computer is assuming that your partition ratio is 2100. Well, attorneys usually go to law school because they failed physics, chemistry and so on in college, but a few defense attorneys were able to master the technology involved -- were actually learning how this machine worked.
Not in California anymore. Result? A likely different Partition Ratio means that a person’s reported California DUI breath test “BAC” may be falsely elevated and unreliable because the person may have a different ratio instead of the assumed 2100 to 1 that the machine estimates. This pheno. Alcohol on one’s breath has no effect on impairment.
Alcohol in the blood is what causes impairment. So if a California DUI attorney prosecutor tries to offer a California DUI breath test to claim a person drove under the influence of alcohol, that breath test may not accurately represent the person’s impairment because breath does not indicate BAC. Last year, California Drunk Driving Criminal Defense Lawyer Rick Mueller recently wrote in Avvo.com on “Using the Variableness of the 2100 to 1 Partition Ratio to Attack Breath Tests.” California DUI criminal defense attorneys have been suggesting partition ratio and regression studies for years. Thank goodness for the McNeal case. . “2100-to-1 (partition) ratio overstates the actual amount of alcohol in his blood. All California DUI breath test machines multiply the result they get by 2100.
Assuming at the time of the test: a .06 can be as low as a .037. The Top 20 Myths Of Breath, Blood, And Urine Tests - Part 1. Www.duirob.info/old duirob.com taken down 2010/articles/simpsonabsorptive.pdf. Www.mphlastala.com/NYSBA 01.pdf. Biological Evidence/ Breath Tests for Blood Alcohol Determination: Partition Ratio. TrueCrypt - Free Open-Source On-The-Fly Disk Encryption Software for Windows 7/Vista/XP, Mac OS X and Linux. DOJ: We can force you to decrypt that laptop. The Colorado prosecution of a woman accused of a mortgage scam will test whether the government can punish you for refusing to disclose your encryption passphrase.
The Obama administration has asked a federal judge to order the defendant, Ramona Fricosu, to decrypt an encrypted laptop that police found in her bedroom during a raid of her home. Because Fricosu has opposed the proposal, this could turn into a precedent-setting case. No U.S. appeals court appears to have ruled on whether such an order would be legal or not under the U.S.
Constitution's Fifth Amendment, which broadly protects Americans' right to remain silent. In a brief filed last Friday, Fricosu's Colorado Springs-based attorney, Philip Dubois, said defendants can't be constitutionally obligated to help the government interpret their files. To the U.S. Public interests will be harmed absent requiring defendants to make available unencrypted contents in circumstances like these.