Sunday, March 16, 2014

California Citizens Denied Fair Trial of Breath Tests

  The California Supreme Court is denying the Citizens of California a fair trial if they take a breath test.  In a case named People v. Vangelder, the California Supreme Court ruled that because the California Legislature has determined that if a specific breath testing machine is on the Federal Conforming Products List, then the breath machine must have been checked and approved for all interference's that could appear to be ethanol alcohol.  This is NOT TRUE.  There has never been a scientific test that would show the 100,000 Volatile Organic Compounds that read as alcohol, and just saying so does not make it so.
 The California Supreme Court further said in Vangelder that the only challenges that a defendant could make on the breath testing machine are limited to three.  1. If the operator is qualified.  2.  If the operator performed the test correctly.  3. If there was an error with the machine itself.   Well, think about that.  If one of the 100,000 VOCs interfered with your breath, and they read the same as alcohol, and the machine is not equipped to know the difference, then you get convicted because you are not allowed to present evidence that the State cannot prove the difference of something in your system other than alcohol that reads as alcohol and is mixed with alcohol now giving you a higher reading.  This is one of the poorest decisions the California Supreme Court has made in the past few years in attempting to force defendants that have been alleged with a charge of Driving Under the Influence (DUI) to plead guilty without the benefit of a fair and impartial trial as guaranteed under the United States Constitution.  The California Supreme Court completely ignored that fact in rendering its decision.  In fact, in a United States Supreme Court case, Washington v. Texas 388 U.S.  14, the United States Supreme Court said:  The right to offer the testimony of witnesses, and to compel their attendance, if necessary, is in plain terms the right to present a defense, the right to present the defendant's version of the facts as well as the prosecution's to the jury, so it may decide where the truth lies. Just as an accused has the right to confront the prosecution's witnesses for the purpose of challenging their testimony, he has the right to present his own witnesses to establish a defense. This right is a fundamental element of due process of law.
  If you are arrested for a DUI in California, DO NOT TAKE THE BREATH TEST IN THE STREET OR AT THE STATION.  DEMAND A BLOOD TEST AND A LAWYER ALTHOUGH THEY WILL NOT GIVE YOU THE LAWYER, TAKE THE BLOOD TEST.
  Your Constitutional rights have been striped of you by the California Supreme Court.  Despite that in my cases in Oakland, California, I continue to challenge the ruling by preparing for appeals to the United States Supreme Court for my clients.  Get more information about me at duioffice.com.

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