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Friday, November 26, 2021

Bell Island

Island & Huff Law OfficeBell Island is Nebraska's only Board Certified Specialist in DUI Defense by the National College for DUI Defense. Read More

 



 

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Welcome to Island Law Office, PC, LLO located in Gering, NE. Island Law Office built their practice on dedicated legal representation founded on strong client relationships. We pride ourselves on our accessibility and responsiveness to your needs.

Contact Details

Call Us
(308) 633-4040
Office
1428 10th Street, Gering, NE 69341

I assume that my breath tests operators are like many of yours. They do not know anything about what they are doing, and frankly, they don’t care. They believe that by burying their heads in the sand, they are able to rely upon their lack of knowledge about breath testing as a defense to your cross-examination.

While the officers may try to hide behind ignorance, they should still be cross-examined on the scientific requirements for reliable and accurate breath testing procedures. Either they acknowledge the absence of the procedure, or they demonstrate they do not know the procedure, and therefore, their claim of a reliable test is worthless.

In preparing for your cross, the virtual library provides numerous studies related to breath testing and quality assurance. Dubowski’s Quality Assurance in Breath-Alcohol Analysis is a good start and may be found here: https://drive.google.com/file/d/0BxbLCAZZvzl3OG5hczRKVmlPQ1k/view?usp=sharing

Print out a copy and send it to the maintenance officer. Either she will read it, and she will have the foundation to answer that “yes” this is the standard and “no” we don’t do it. In the alternative, she will have to acknowledge that she did not read it, did not determine the standards necessary for reliability, and her opinion about the reliability of the test is questionable, at best.

Relying on scientific articles to demonstrate the witnesses lack of training, experience, and ability to opine about the reliability and accuracy of a breath test result is just one more arrow in our quiver, and the virtual library can assist in filling it.