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From: Dr. CRZ
Password: orange
Date: 14 Dec 2006
Time: 08:39:33 -0800
Remote Name: 216.180.161.126
I believe the issue here is that a verification test was not done after testing the subject twice as called for by the alcohol breath testing procedure. Verification tests on all EBTs must be done on a regular basis, e.g., monthly. A verification test does not need to be done prior to testing as long as the previous procedure was followed. Of equal importance is that another verification test must be done after the initial and confirmatory breath alcohol testing of the subject is completed. This proves that the machine was working at the time of the testing. If a full calibration was done, which to my knowledge, resets the machine to its default settings, then one cannot prove that the machine was working properly during the time of the test. This then put the veracity of the test result into question and any lawyer (if it gets to that) can probably get this case thrown out on technicalities very easily. (I'm waiting for Dr. Swotinsky's input and what he thinks DOT's take is on this issue.)