San Francisco PD Give Improper Breath Tests

California state law, California Code of Regulations, Title 17, requires that every laboratory have an "Approved Protocol" on file with the State Department of Health Services. The San Francisco Police Department, who earlier this year was shown by the San Francisco Public Defender to be hiding information of criminal actions by police officers, which prevented the defendant to show the bias of police officers. Now, it has come to the attention of defense lawyers that the San Francisco Police Department's (SFPD) Crime Laboratory of hiding and not disclosing to the defense that the SFPD has not received an approved protocol to train operators, either police officers or anyone else that will give a breath test, and is testing suspected DUI drivers on their Intoxilyzer 5000, series 6800EN, that has not been authorized by the State of California. There is even a letter from Ms. Lois Woodworth who is now in-charge of the breath testing since the retirement of Ms. Madden, who has been charged with stealing cocaine from the crime lab for personal use, to Mr. Clay Larson of the Department of Health Services stating she did not have time to make up a protocol for the breath testing machine used in all DUI arrests. Yet, the SFPD does not tell the defense attorneys, or the San Francisco Public Defender's office that they have not been approved by the State to use these machines in testing suspects arrested for Driving Under the Influence of Alcohol (DUI). This is a violation of State law of operation of the machines, and worse a violation of the Defendant's Constitutional Rights to all evidence in the possession of the Prosecutor who has a duty to turn over all evidence, especially exculpatory evidence, that of credibility, for the defense in all criminal cases. Who knows how many defendant's have been denied this Constitutional information and been found guilty from this outrageous illegal conduct? This is why you should be hiring an experienced and highly respected DUI lawyer to represent you in your case. See www.duioffice.com

Constituional Rights on Breath Testing Denied in CA

In California in 2009, the California Supreme Court in a 7 to 0 decision said that a defendant charged with a "Generic DUI", that is being impaired by alcohol while driving (Vehicle Code Section 23152(a), has the right to bring in evidence that his or her Partition Ratio may not be the average that is set in all breath testing machines of 2100:1. If a person's Partition Ratio is higher than 2100:1, then their true blood alcohol would be higher and they would be impaired; that could run all the way up to 2950:1 on the high side. On the other hand, should a person's Partition Ratio be lower, which can be as low as 800:1, the person may not be impaired. For example, lets say the person's test results show breath results of .10 and .10; two tests are required. The machine is set for 2100:1 so that would be an average reading. But, everyone isn't average. Let's say the person tested had a Partition Ratio of 1000:1. We would multiple the 1000 by the result of .10 which would equal 100, and then divide that by what the machine is set at as an average which is 2100 which would tell us that the real blood alcohol level is .047, and you can't be impaired by alcohol at that level. But, the trial judges are ignoring the Supreme Court Case of People v McNeal, which means they are ignoring the California Supreme Court case law, and the United States Constitution which demands that a person be allowed to present evidence in his own behalf at trial.
Why are the trial judges doing this? Because they have decided they know better that the defendant is guilty, and without this evidence they will be convicted. They also know that most defendant's can barely afford the cost of a trial, let alone an appeal. The judges in many cases won't even force or allow the defense to cross-examine toxicologist who are suppose to know this material if they truly experts, about Partition Ratio. Now there is justice. U.S. Supreme Court case law rulings ignored, the U.S. Constitution ignored, the California Supreme Court case law ignored, and the defendant was allegedly given a fair trial. Worse yet, nothing happens to the judges who ignore these rules, nothing. My advise, get a good lawyer that knows Constitutional law and be prepared to appeal in to the Federal Court.

SFPD CRIME LAB WITHHOULDS INFO TO DEFENSE

The San Francisco Police Department's Crime Laboratory operates the Intoxilyzer breath testing device, out-dated model 5000, series 6800EN, and they do it illegally. But, then who will arrest the cops, right!!!! A few years ago, with the help of the Los Angeles County Sheriff and some other very selected crime labs, they put a special committee together headed by a judge, close to all the convictions and with no real in-put from the defense, to allow the crime labs to be in-charge of themselves, taking away the authority of the State of California to enforce violations of the County Crime Labs. Now, this was a "BRILLIANT, BRILLIANT, I MEAN BRILLIANT MOVE". Why not let the murders set rules for their crimes and take that away from the State as well. They said we know best and this is just too costly for us to comply with rules we don't think help convict people, and who cares about innocent people's rights. Do you believe there was a judge in-charge of this panel that approved this idiotic rule.
Well, there are plenty of violations without penalties today because the State Department that oversees this has no POWER to do anything thanks to this committee. In fact, the San Francisco Police Department's Crime Laboratory, you know the one where the former Supervisor is being charged for taking cocaine and using it for personal use, does not have an approved protocol for training operators to use the breath testing machines from the State which is a requirement to use the machines in the first place. And, they have not had one since they got the machines and they failed to disclose this in every DUI case they have done. I guess the people arrested for DUI who may be innocent will never know because the SFPD is testing illegally knowing they don't have to answer to anyone. Isn't great to be the law so you can ignore it? Check out www.duioffice.com