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Anyone admitted part of an invalid breath sample? Login/Join 
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Just curious-- came up in a jury trial yesterday. 19 y/o girl, lies about drinking, 4/6 2/8 0/4, 1" sway + estimates 30 sec as 12... suppressed 1.1g meth in her purse + paraphernalia in the center console... she blows one good sample and then the second is insufficient, so it's kicked back as invalid and the officer didn't get another. Jury found her not guilty. I called our tech supervisor this morning and learned that her first sample was a .17! So of course I'm wondering if there was any possible way of having that before the jury.

I would imagine not... but like I said, just curious...

thanks!
 
Posts: 95 | Location: Austin, TX | Registered: September 23, 2003Reply With QuoteReport This Post
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Georgette, You are probably out of luck. DPS rules say that to be valid, a breath test has to meet certain criteria, one which is that there are two breath readings separated by two air blanks and a simulator reading.

Janette
 
Posts: 674 | Location: Austin, Texas, United States | Registered: March 28, 2001Reply With QuoteReport This Post
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Suppressed meth in her purse? What's the story there? (Just curious, as a former victim of many bad Travis Co. pre-trial suppression rulings myself ...)
 
Posts: 2425 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
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