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Partition Ratio
Breath Issues -- Partition Ratio or Blood-Breath Presumption
The Champion January/February 2013 Interactive Issue NACDL's renowned journal, The Champion magazine, offers timely, informative articles written for and by criminal defense lawyers, featuring the latest developments in search and seizure laws, DUI/DWI, grand jury proceedings, habeas, the exclusionary rule, death penalty, RICO, federal sentencing guidelines, forfeiture, white-collar crime, and more. The Champion is published ten times per year. <p style="text-align:right;color:#A8A8A8"></p>
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 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 We don't care if they're intoxicated or impaired.
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.”
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
The Champion January/February 2013 Interactive Issue NACDL's renowned journal, The Champion magazine, offers timely, informative articles written for and by criminal defense lawyers, featuring the latest developments in search and seizure laws, DUI/DWI, grand jury proceedings, habeas, the exclusionary rule, death penalty, RICO, federal sentencing guidelines, forfeiture, white-collar crime, and more. The Champion is published ten times per year. <p style="text-align:right;color:#A8A8A8"></p>
The Top 20 Myths Of Breath, Blood, And Urine Tests - Part 1
The most common way of testing a driver's blood alcohol content is with the use of a breath test . The science behind all breath tests is based on several assumptions, one of which is that people release alcohol from their blood into their exhaled breath at the same rate. However, more and more scientific studies are revealing that different people release different amounts of alcohol from their blood into their exhaled breath. In fact, there are dramatic variances from person to person, and even variances within the same person over different periods of time.
Blood Partition Ratio
I. Scientific Basics of Breath Tests 1. Introduction 2. Basic assumptions
Biological Evidence/ Breath Tests for Blood Alcohol Determination: Partition Ratio
DOJ: We can force you to decrypt that laptop | Privacy Inc.
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.