Judge Abrams Issues Final Order Regarding Source Code to Intoxilyzer 5000
Today Judge Abrams issued his ruling regarding the statewide consolidated challenge to the Intoxilyzer 5000 based upon deficiencies in the Source Code. You can view the entirety of Judge Abrams’ Order here. Because the Order is over 100 pages long, we’ve also broken it up into sections that are more easily downloadable. Part 3- History of Source Code Proceedings Part 4- Operation of Source Code in Intoxilyzer 5000 Part 5- Evidentiary Hearing and Conclusions As we said, this Order is over 100 pages long, and will take some time to fully digest. However, a causal reading of the Order makes at least two things clear: 1. Judge Abrams does appear to have ruled that the Intoxilyzer 5000 produces admissible test results. 2. Judge Abrams also appears to have ruled that a “deficient sample” test record is not sufficient evidence to prove that someone “refused by conduct” to submit to a breath test. This has been our claim for years, and we’re happy to see that Judge Abrams agrees.
They say things come in 3s - but for the longest time I could never find the final piece in this triad --- Horseshoes, Hand Grenades and ... ? Well, today maybe the day b/c if I am reading Judge Abrahms well reasoned and thorough opinion correctly --- when it comes to DWIs ... this "severely challenged" and "at the edge of its usefulness" measuring instrument returns results that are CLOSE enough when it comes to impinging upon our rights and freedoms. Looks like I'll sleep a little better tonight. Wait, what?
Not surprised on the ruling. Mr. Black was not the coalition's strong suit.
That bums me out. Thanks for trying tho. Definitely worth a shot. I say appeal. Cant that be done? ;-)
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Man!I read the closing arguments of this case and thought it was a ringer.That damn machine has so many flaws.My blender is a better and more reliable piece of equipment than that thing.
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People with 3 or more dui's are treated worst than drug dealers and child molesters and in some,allot,of cases murders!The insurance companies of america or running the country and making laws that violate our constitution and civil rights and the law makers let it happen under the guise of public safety.It is crooked.