Exposing Scientific Dishonesty In The Courtroom
Most people, including prosecutors and judges think blood test results are correct and field sobriety tests are reliable. Wrong! At best the blood test results are moderately close to what is in a person’s blood. Usually they are not even close. All credible scientists agree that a person’s actual blood alcohol content (BAC) can’t be determined exactly.
Blood and breath testing is very technical. If blood is not drawn correctly it can become contaminated with a bacteria that creates ethyl alcohol. If it is not stored correctly it will ferment. These are just two out of dozens of ways the blood itself can become tainted.
The two most often used tests are done by Gas Chromatography or Enzymatic Immunoassay (Medical Blood). Both have their problems. A simple way to understand what can go wrong in a blood test is to understand that alcohol is a volatile substance and so is blood. All blood tests involve a human being taking blood from a person, preparing the sample, and then putting it into a very sensitive machine that is operated, calibrated, and programmed by a human. There are many other sources of error I believe you would agree that the number of things can go wrong is substantial.
Not only is there the human error inherent in testing blood, there also exists a natural built in margin of error in every machine, measuring device, and chemical compound used to test for alcohol content. This is a scientific fact. No measurement is ever exact and when it comes to your freedom you need an attorney that knows how to put this information in front of a judge or jury in an understandable way.
Breath testing is done by blowing into a machine in a police station or booking area. Two of the most popular breath test machines are the BAC Datamaster and the Intoxolyzer 8000. These machines are not kept in a neutral third-party location as are blood testing equipment. They are kept and maintained by police officers. The very people who use them and say they are reliable and then testify their results are accurate.
The list of errors is numerous.
FIELD SOBRIETY TESTS
Field sobriety tests are designed to gauge whether or not a person’s blood alcohol content is over the limit, not if you are incapable of safe driving. The three standardized field sobriety tests, were created by Dr. Marceline Burns. She has testified that there is NO correlation between the performance on a field sobriety test and a person’s ability to drive a car.
DUI CHARGES BASED ON DRUGS
Most people only think you can be charged with DUI if you take illegal drugs. That is not true. You can be charged with DUI based on taking legally prescribed medicine or legally purchased over the counter medicine. The police are filing these charges more and more and in Pennsylvania you will receive the highest level of punishment even if all you did was follow your doctor’s orders. Defending drug based DUI charges requires even more specialized training and knowledge. Both of which I possess as I handle drug based DUI cases on a daily basis as well.
Although I spend hundreds of hours each year studying the law and science of defending DUI cases as well as thousands of dollars on reference materials and attending seminars, We understand that not everyone is independently wealthy so I have set my fees accordingly. We charge on a flat fees basis. Our fee is based upon whether or not you are facing a first lifetime offense or if this is your second or subsequent offense. We will be glad to discuss my fees with you after I speak to you about the facts of your case first. As I stated earlier, you wouldn’t go to a general practitioner if you had a heart problem and we don’t believe you would choose your doctor on price alone. The same reasoning applies to your DUI charges.
If you are accused or charged with a DUI, you need to protect your rights. Our initial consultation is FREE! Protect your rights, call us anytime 24 hours a day! (800) 243-4878
You will want our knowledge of the Pennsylvania DUI Law and our real world experience earned from representing thousands of people charged with criminal offenses on your side. Our lawyers handle both Vehicular-Alcohol Offenses, Controlled Substance Offenses, and Non-Vehicular Alcohol Offenses in local, state, and federal courts. Regardless of the crime at issue, Manchester and Associates will protect your rights and vigorously defend you.