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Old 09-13-2005, 10:24 PM
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Join Date: Sep 2005
Posts: 12

DUI from park ranger. Will it stick??


What is the name of your state? California

Friend was in the park system. He made an illegal turn. The turn prompted the ranger to pull him over. The smell pushed the ranger to pull out the breathalizer. The ranger was new and did not know how to assemble or operate the breathalizer. The partner had to show her how. They never got it to work. My friend was detained and taken to the police station. At the station the normal officer who does the breathalizer was not preset so the same ranger that couldnt operate the breathalizer did it again. Again she could not get a reading. She tried a second time and finally got a .12 reading. Does my friend have a case?? He knew the officers at the station from previous family issues so the kept him in his own cell and got him out in about 6 hours. They asked him why he was there and were surprised it was for DUI. Thanks.
  #2  
Old 09-14-2005, 07:45 AM
Senior Member
 
Join Date: Jan 2005
Location: North Florida
Posts: 1,625

BigMistakeFl


The calibration of the machine can be checked for accuracy and determine the last time it was tested for accuracy. How much time elapsed between the time of the arrest and the BAC reading of 0.12? Because there were two officers, one training the other is of no matter. It also means two solid witnesses as to the impairment.
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