Today my mother turns 67 years old!  I love you and know that you have blessed our lives.  Your encouragement means so much and allows me to continue to fight the good fight.

Undetected, raw, unabsorbed alcohol in the mouth may falsely elevate the results of a breath test. This residual mouth alcohol (RMA) can come from items ingested just prior to the test, from regurgitated (burped) air from the stomach, or from gastroesophogeal reflux.  Ohio testing protocol attempts to guard against this testing flaw by requiring officers to observe the defendant for twenty minutes prior to the test.  They look for burping, vomiting or any ingestion of items into the mouth.  Lazy observation by the police officer can result in a contamination of the test.

The BAC DataMaster, Ohio's most common breath testing instrument, further guards against this type of problem with "slope detectors" wich look at the air coming into the machine.  If the air is too heavily laden with alcohol it changes the shape of the curve and should result in the machine kicking out an "INVALID SAMPLE" reading.  This reading requires the officer to start the observation period over again.  Good DUI attorneys know the science behind the "slope detector" and its operation and can effectively explain this to a jury.  Charles M. Rowland II is a certified operator of the BAC DataMaster.

The link to the Greene County Phone Directory can be found here: http://www.co.greene.oh.us/phonebk.htm

Ohio classifies DUI in two ways.  The first offense 4511.19(A)(1)(a) is the old fashion notion that you are "under the influence" of alcohol or drugs.  This definition is subject to expansion by the prosecution and is scrupulously narrowed by the defense.  Other portions of the statute deal with "per se" violations, known as breath test cases (blowing over the limit).  These two types of cases are very different and will be analyzed differently by competent DUI counsel. 

Ohio has judicially recognized rules and procedures to ensure the accuracy and reliability of the breath testing program.  These rules and procedures can be found in the Ohio Administrative Code.  Other "rules" that affect a breath test can come from departmental testing regulations, training procedures and operator's manuals.  Accordingly, an officer or department that ignores, skips or otherwise violates these administrative rules calls into question the accuracy and reliability of test results. 

Most jurisdictions will allow a test in unless the alleged deviations from the rules raise substantial and legitimate questions about the breath test that prejudices the defendant.  This is commonly referred to as the "substantial compliance test."  Good DUI counsel can effectively use these deficiencies to create reasonable doubt as to the test.  The weight given to the test is determined not by the court but by the jury.  God bless that wonderful check on judicial power.

More soon.

Modern Drunkard Magazines take on the Rat Pack.  You have got to visit this site www.moderndrunkardmagazine.com, it's hilarious.