How can breath tests be challenged at the DMV
By: Darren Kavinoky | Posted: 07th June 2006
How can breath tests be challenged at the DMV
This is a work in progress….
Review the maintenance records of the breath machine used. During the discovery process, request a copy of the so-called "ADAMS Inquiry" which is a computerized printout from data stored in the crime laboratory responsible for maintenance of the machine. The data is obtained by telephone modem to each breath machine in the field. The two most common breathalyzers in the field are the Intoxilyzer 5000 and the Datamaster.
Subpoena witnesses necessary to put on a quality defense
About the Author
Occupation: Lawyer
Darren Kavinoky is a Los Angeles-based criminal defense lawyer who practices throughout California. He is the Managing Shareholder of The Kavinoky Law Firm, an 11-lawyer criminal defense firm that handles criminal defense matters exclusively. Darren has provided legal commentary on Larry King Live, the Today Show, Celebrity Justice and many other TV and radio programs. He is a nationally-renowned lecturer and author who delights in sharing his experience with others. More information about Darren and The Kavinoky Law Firm can be found at http://www.nocuffs.com or www.Californiaduihelp.com and www.gotadui.com.
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Tags: modem, discovery, work in progress, maintenance records, dmv