Biological Causes of Breathalyzer Error

Police officers and prosecuting attorneys would like for everyone to believe in the infallibility and reliability of breathalyzer machines. If breath test machines were truly 100% accurate, convicting or exonerating suspected DWI offenders would be fairly easy; simply compare an individual's readings to the accepted legal limit.

But despite the claims of prosecutors and policemen, the same science used to design the breathalyzer also shows that any number of biological factors can cause erroneous readings. If you are arrested for DWI, an adverse breath test result is not the end of the line.

The "Partition Ratio"

The "partition ratio" is a comparison of the alcohol in blood and the corresponding amount of alcohol carried on the breath. Most breathalyzers operate using a 2100 to 1 partition ratio; i.e., the assumption that there is 2100 times as much alcohol in one milliliter (ml) of a person's blood as there is in one ml of the same person's breath.

However, studies show that, while the majority of the population may have partition ratios close to the 2100 to 1 ratio assumed by breathalyzers, this ratio is not constant, and fluctuates even within the same individual over time. Furthermore, documented partition ratios in normal human beings range from 1300:1 to 3100:1, meaning that there could be significant disparities between an individual's results and his/her actual blood alcohol content.

Hematocrit and Breathalyzer Error

A person's hematocrit (HCT) is a measurement of how much of his/her blood volume is composed of red blood cells. Because red blood cells are the oxygen-carrying cells in the blood, they affect the rate at which blood alcohol leaks into the air through alveoli in the lungs.

Though some breath test machines are calibrated for an average 46% hematocrit, such a number is not representative of the natural variations found across the population. In fact, the spread of possible hematocrit percentages is usually considered to be as large as 10%. A person with a hematocrit at the lower end of this range would receive falsely elevated test results.

The Result?

Some studies have shown that, in calculating an individual's true blood alcohol concentration (BAC), breathalyzers can be 'off the mark' by as much as 15%. Furthermore, nearly 1 in 4 people receive breath test results higher than their actual BAC - hardly meeting the standard of "beyond a reasonable doubt."

For more information, visit the website of Austin DWI attorneys Morales & Navarrete at http://www.dwi-lawyers-austin.com.

Joseph Devine

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Beating Traffic Tickets

Beating traffic tickets is the goal of many offenders, but how do you do this. Do NOT think that your only option is to plead guilty and pay the fine. There are proven techniques to fighting your tickets. Here are several suggestions on getting starting with your battle:

1. You are innocent until you are proven guilty. Do not forget this. It is the responsibility of the prosecution to prove you are guilty not for you to prove your innocence.


2. Check to see if your officer showed up. If he did not show up then point this out to the judge. You have the right to face your accuser and if he is not there you have a good shot at getting your ticket dismissed.


3. If you were pulled over and two officers were present during the stop, then BOTH officers must be in court. If one is not, motion for a dismissal. If it isn't granted, ask to cross examine the second officer who is not present in the courtroom. When they say he is not there, motion for a dismissal again.


4. As many as 1 out of every 25 tickets have major mistakes. The mistakes may make the inadmissible in court. Point the mistake out to the Judge.


5. If you feel like you cannot win your case then try to plea bargain with the prosecutor for a lesser offense, ideally a non-moving violation like a parking ticket.


6. Be prepared when you go to court. Make sure you request the method of speed capture so that you can formulate your defense prior to walking into the court room.


7. Obtain a copy of your driving record so that you know what the prosecution might use against you during the trial.


8. If all else fails and you have some time to waste, see if you can take a traffic school class in exchange for the ticket not showing up on your record.


9. Dress to impress. It never hurts to look presentable to the court and show up on time and prepared. Do not disrupt the court and use polite respectful behavior.

Beating traffic tickets is not the toughest challenge that you will face in your life. Stay focused and calm throughout the ordeal. Losing your head will not help you make your case.

Whatever you do, DON'T pay that speeding ticket before you read this free report! Don't forget to visit my website for lots of additional information to get out of speeding tickets

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Assault May Mean Different Things

Each case that carries a charge of assault will be different depending on the facts of the case. So before you contact a lawyer to assist you with your case, make sure you know specifically what you are charged with. Knowing this will make your lawyer's job a lot easier. For instance, depending on how the case is charged, the penalties may have a wide range of time in jail attached to them.

It's safe to say that, technically speaking, assault is a crime against a person or persons. Yes, this is pretty vague, but once the case gets to court, the judge will usually expand the definition so the jury (if there is a jury trial) understands the case at bar. For instance, if the charge is assault (bodily contact) of a person without their consent, this is assault. However, having said that, any violent act towards another individual without consent (the defining element) is also assault.

Often the terms assault and battery are partnered up, however, more often than not, battery is really a different kind of assault in a category on its own. In order to distinguish the differences as it pertains to what you are charged with, it's wise to speak to a highly skilled criminal defense attorney. Give your attorney all the details, holding nothing back, and let them outline what options you may have for the charges you're facing.

Having a highly skilled criminal defense attorney on your side is a good thing and it may mean a mitigated sentence. Once the attorney has the details of your charges they may be able to offer several options for handling your case - get the charges dropped, reduced, thrown out of court or possibly negotiated into an alternative justice program. The choices of course are ultimately yours once you have consulted with your attorney.

Daniel Wannamaker is a board certified criminal law specialist and has 24 years of criminal trial experience with proven results as a Dallas criminal defense lawyer [http://www.wannamakerlaw.com] practicing in Austin criminal defense and Houston Texas. To learn more, visit [http://www.wannamakerlaw.com]

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Citizine Community Political Forum 10/28/2008 - Part 6 of 9

TOLL ROADS -- TAXES -- TASERS!! Citizine and Texans for Accountable Government present a panel representing a wide spectrum of political parties at Spider House Patio Bar and Cafe in Austin, Texas on October 28, 2008 Hosted by: Thom White of www.citizine.net John Bush of tagtexas.org The Panel: Constitution Party - Erica Grignon Green Party - Kat Swift & Bill Holloway Libertarian Party - Wes Benedict Republican Party - Don Zimmerman Independents - Debbie Russell Democratic Party - Andy Brown Moderator: Scott Horton of www.antiwar.com Video: Floyd Anderson of www.anomalytv.com



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Working With a Bail Bondsman

If you have recently been arrested in Austin, you may be feeling a lot of stress because of the current situation you may be involved in. One of the first things that you need to do is to contact your Austin Jail Release Lawyer to talk with them about your case. You need to make sure that your jail release attorney is present during your bail hearing so that hopefully they can help you during the situation. Once the judge has assigned you a bail amount, you can then contact a friend or family member who can then contact a bail bondsman.

Working with a bail bondsman can be a complicated process unless you are completely clear on all the details of what will happen with the arrangement. When you have figured out how much your bail is, you will need to have a friend or family member contact a bail bondsman to set up the transaction. The person will need to have all the information about your case at hand so that they can tell the bondsman all the details. Bail usually ranges anywhere from $500 to $1,000,000 depending on exactly what you are being charged with. The person that you ask to call the bail bondsman will automatically become your cosigner on your bail bond contract. When the person becomes a cosigner, this means that they agree to pay the money that they lend you in the event that you decide to leave town permanently.

After your cosigner has spoken with the bail bondsman, the bondsman will look over your past record as well as the current charges to decide if you will be a good investment or not. If the bondsman thinks that you are a flight risk or will not appear at your assigned court date, they have to right to refuse to lend you the money. If the bondsman decides that everything looks in order, they will usually require that either you or the cosigner put down 10% of the total bail as well as something for collateral. This means that you must put down the 10% as well as something large such as jewelry or a vehicle. Once all of this has been taken care of, the bail bondsman will come to the jail to have you sign the final parts of the paperwork as well as explain the contract to you. Your Austin jail release attorney can usually recommend a good bail bondsman for your specific situation.

If you or someone you know needs help with their jail release, contact the Austin Jail Release Attorneys of Morales and Navarrete at http://www.austinjailreleaselawyer.com
Joseph Devin

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Art Acevedo on the Alex Jones Show 1/22/2009 - Part 5 of 5

Austin Police Chief Art Acevedo on the Alex Jones Show 1/22/2009 www.anomalytelevision.com www.prisonplanet.tv www.infowars.com



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