Breath Investigation Mistakes

Improved Essays
In 2014 alone, there were more than 42,700 people arrested for drunk driving across the state of Florida. As you are likely aware, the results from breath tests administered by the authorities are often used as grounds to make such arrests, and as evidence of intoxication at trial. In an effort to ensure the accuracy of these types of tests, the instruments used to conduct them are regularly inspected and calibrated.
Breath tests used by law enforcement agencies in the state of Florida must be checked by the agencies themselves each month. The Florida Department of Law Enforcement must also inspect them each year. State law stipulates the process that should be used to inspect the Intoxilyzer 8000 units that are in use by the state’s law enforcement

Related Documents

  • Improved Essays

    MOne normal, ordinary day, Natalia Bennett and four others were on their way home from a party in Austin, Texas a little after 4:00 in the morning. Jacqui Saburido had been sitting in the passenger seat next to Natalia. Reggie Stephey had been on his way home as well, but had been drinking. Reggie, only a mile away from his driveway, hit Natalia’s car head on. Natalia and one other died on the spot.…

    • 969 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Rainy Darden Case Study

    • 865 Words
    • 4 Pages

    Per reporter unsure of how long Rainy was alone in the car. Per reporter arrived to check on Rainy and noted that Ms. Ware was uncooperative, lethargic and unresponsive at times towards EMS personnel. Per reporter unsure of what controlled substances Ms. Ware may be on; urine analysis was submitted but in process of being completed at time of report.…

    • 865 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    STATE OF NEW JERSEY DRUG INFLUENCE EVALUATION DRUG INFLUENCE EVALUATION Page 1 of 3 Pages ARRESTEE’S NAME: Singletary, Mike Evaluator: Hinman, Charles E Deptford Twp. Police Dept. #5244 Arresting Officer: Hinman, Charles E Deptford Twp. Police Dept. #5244 1.…

    • 1333 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Ms. Spano Case Summary

    • 1371 Words
    • 6 Pages

    To determine if Ms. Spano was operating her vehicle while intoxicated the court will apply a four- factored test and the relevant Indiana code to the facts. After applying the factors, the court will probably weigh in favor of Ms. Spano operating the car. Ind. Code 9-30-5-3 states, “… a person who operates a vehicle while intoxicated…”. Ind. Code 9-13-2-118 defines operator as “driver or is in actual physical control of a motor vehicle upon a highway...” The Hiegel test helps determine operation: “(1) whether or not the person in the vehicle was asleep or awake; (2) whether or not the motor was running; (3) the location of the vehicles and all the circumstances bearing on how the vehicle arrived at that location; and (4) the intent of the person behind the wheel” Hiegel v. State, N.E.d 265 (Ind. Ct.…

    • 1371 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Pc 647

    • 419 Words
    • 2 Pages

    INTRODUCTION: This case involves the suspect being arrested for public intoxication and unable to care for himself in violation of PC 647(f)-Public Intoxication. The suspect also had two outstanding arrest warrants. INVESTIGATION:…

    • 419 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    INTRODUCTION: This case involves the arrest of Jaime Zacarias for an open container of alcohol in violation of PMC 9.24.030- Possession of an Open Container of Alcohol in public. The suspect was found to have crystal methamphetamine in his possesion in violation of H&S 11377(a)-Possession of Methamphetamine. The suspect was arrested and later cited out. INVESTIGATION:…

    • 386 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Stamet Incident

    • 552 Words
    • 3 Pages

    I received a toxicology report from NMS Labs. The toxicology report read positive findings for the following: Amphetamine 21 ng/mL, Methamphetamine 250 ng/mL, Diazepam 90 ng/mL, and Nordiazepam 270 ng/mL, all of which are DEA controlled…

    • 552 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    A high school student in Grosse Ile Township, Michigan, filed a lawsuit Monday, after a police officer cited her for failing to undergo a breathalyzer test without a search warrant. Casey Guthrie is challenging a local ordinance and a state law that both allow officers to perform Breathalyzers on those under 21 years old if they have a reasonable cause to believe alcohol has been consumed. Under the Michigan Liquor Control Code, those who refuse to undergo the test are cited for a civil infraction and may be ordered to pay a fine of no more than $100. The lawsuit comes out of an incident in May, when Casey was a passenger in a vehicle pulled over by Sergeant Ken Pelland.…

    • 505 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Random Breath Tests (RBT)

    • 578 Words
    • 3 Pages

    Some excellent evidence regarding the impact that procedural justice can have in specific interactions between the public and the police can be seen in an experimental study that was conducted in Australia between December 2009 and June 2010. According to a findings report by Mazerolle, Bennett, Antrobus, and Eggins (2012), the study conducted an experiment involving over 20,000 Australian drivers who were stopped for Random Breath Tests (RBT). For half of the RBT stops, police followed normal operating procedures. For the other half of the stops, officers were given a script that incorporated elements of procedural justice – such as fairness, neutrality in decision-making, showing respect, and listening to the involved citizen’s opinions.…

    • 578 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    DUI Road Blocks

    • 462 Words
    • 2 Pages

    During the festive season or around public holidays, we see there are many DUI road blocks that will be set up by police. This is because at this time of year fatal accidents frequently happen as people will be partying, drinking and driving with their friends. Usually police will conduct this road block at a strategic area that has high probability for drunk drivers to pass through and police use this opportunity to arrest motorists who are driving under the influence of alcohol. The officers in charge will request drivers to do sobriety testing if they suspect the drivers are in a drunk condition or have signs of intoxication and impairment. Police will not hesitate to detain and charge drivers under the drunk driving law if their blood…

    • 462 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Recently, police across Canada have been testing saliva-based roadside devices on suspected drug-impaired drivers. Police using the device at the roadside would ask drivers to stick out his or her tongue, and then swab for a sample of saliva with an instrument similar to a tongue depressor. Two other devices have been developed in Canada to detect THC by driver’s breath, similar to a breathalyzer. But neither devices have been tested yet by the police. While Colorado and Washington have established an intoxication blood level of five parts per billion, there's still no roadside test for THC.…

    • 127 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Many people argue that when a sobriety checkpoint is happening, there is crazy traffic. When approaching a sobriety checkpoint, the police ask a couple of questions to prove that you have not been drinking. If they suspect you are, they will ask you to get down an either take a breathalyzer test or the 3 standardized flied sobriety tests. The checkpoints might last longer the 20 minutes individually which will be holding back traffic. Others tend to have less patience then others and they might be able to cause problems with the cars around them and police.…

    • 2325 Words
    • 10 Pages
    Improved Essays
  • Improved Essays

    Oregon Drug Policy

    • 938 Words
    • 4 Pages

    All states regulate the possession of dangerous controlled substances, but each is different when it comes down to their exact definition and their penalties for the illegal substance. The state of Oregon classifies not only the most common drugs like, heroin, cocaine and marijuana as dangerous controlled substances but also the compounds used to create them. While most marijuana offenses are no longer against the law in the state of Oregon, there are plenty of other drug charges that are considered very serious and that are actively pursued. In this paper, I will discuss the current drug policy in the state of Oregon along with its pros and cons. I will also include my decision on changing the drug law policy for the state of Oregon.…

    • 938 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    I have seen various types of weapons in law enforcement used on people under the influence of drugs with little to no effect during the course of my career. I have seen people shot while under the influence of drugs only to continue advancing until they bleed out and succumb to their injuries. In law enforcement, recognizing how drugs effect people is essential to survival. The DRE program, drug recognition expert, is a very useful tool for law enforcement. What is the DRE program?…

    • 500 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Conducting an inventory search can be a sensitive topic to discuss because it has a relativity close connection to the fourth amendment, which is the right to privacy. Law enforcement have the right to warrantless searches when a subject is under policy custody. However, there are certain procedures and guidelines that has to be taking in order to ensure a lawfully inventory search. There are court cases that have been presented that makes that exemption to the fourth amendment more complex. This is why it is vital for the law enforcement to be cautious, and avoid impermissible inventory searches as much as possible.…

    • 762 Words
    • 4 Pages
    Improved Essays