In a ruling late last week, the California Supreme Court found that California drunk-driving defendants are now entitled to challenge blood-alcohol findings based on the inaccuracy of breathalyzer results. This ruling effectively weakens many prosecutorial cases by allowing the DUI defense to "rebut the presumption that he was under the influence".
Following recent rulings in other states, the California Supreme Court found the formula for converting breath to blood-alcohol levels to be inaccurate in many cases. Factors including medical condition, gender, temperature, the condition of the device itself, even atmospheric conditions may all be taken into account when defending against a drunk-driving charge.
Under current California law, a suspected drunk-driver is required to submit either a blood test, which measures the amount of alcohol in the blood, or a breathalyzer test (refusal can result in automatic suspension of driving privileges). Alcohol levels in a breath sample are converted mathematically to determine BAC. In California, a person is legally too drunk to drive when his/her blood-alcohol level is 0.08% or higher.
"The question is whether a defendant who has a blood-alcohol concentration of 0.08% or more measured by breath is entitled to rebut that presumption that he was under the influence" Justice Carol A. Corrigan wrote. The court's answer to that question was an overwhelming "Yes".
"Evidence casting doubt on the accuracy of the breath-to-blood conversion ratio is just as relevant as other evidence rebutting the presumption of intoxication from a breath test result, such as evidence that the defendant had a high tolerance for alcohol or performed well in field sobriety testing," Corrigan also wrote.
To determine whether this new ruling could impact the outcome of your drunk-driving case, consult an experienced DUI attorney.
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Monday, September 28, 2009
Tuesday, September 15, 2009
Taylor lifts Mercury past Storm in OT
SEATTLE -- Penny Taylor scored seven points of her 18 points in overtime, including a key 3-pointer with 1:03 remaining, to lift the Phoenix Mercury to a 101-90 over the Seattle Storm on Tuesday night.
Diana Taurasi scored 19 points to lead Phoenix (16-6), which has won 10 of its last 12 to take a three-game lead over Seattle in the Western Conference. Cappie Pondexter added 16 points, Temeka Johnson had 15 and Tangela Smith 14 for the Mercury, who are one of just three teams in the league with a winning road record (7-4).
Tanisha Wright scored a season-high 25 points and Camille Little had 20 to lead the Storm (12-8). Lauren Jackson added 18 points, Sue Bird had 13 and All-Star game MVP Swin Cash 12. Jackson and Cash also had 11 rebounds each.
Phoenix appeared to have the game in hand with a 74-67 lead with 6:07 left in regulation until the Storm scrambled back.
Bird converted a three-point play with 1:15 left to pull Seattle to 81-78. After a miss by the Mercury, Little hit a tying 3-pointer with 44.7 seconds left.
Taurasi made three of four free throws to give the Mercury an 84-81 lead with 16.2 seconds left. However, Bird tied it with a 3 with 5.6 seconds remaining to send the game into overtime. Referees used replays to confirm the shot was a 3-pointer.
Jackson, averaging 19.1 points per game, was held without a field goal on four attempts in the first half. Cash, second on the Storm at 12.3 points per game, had just three points in the opening half.
Wright took over the scoring load by matching her previous season high of 21 before halftime. She made 7 of 11 attempts and was 6 for 6 at the line in the half.
Phoenix took a 32-28 lead on Temeka Johnson's 3-pointer at 6:16 of the second period.
A fastbreak 3 by Bird after a turnover by the Mercury started a 6-0 run to give the Storm a 34-32 lead.
Phoenix then went on an 11-0 run, sparked by back-to-back 3s by Kelly Mazzante and Taurasi with less than 3 minutes left.
Seattle chipped its way back. Jackson scored her first points of the half with a pair of free throws with 1.37 left. She had four at the break.
Wright closed the half with a three-point play with 7.8 seconds left as Phoenix held a 45-43 lead at halftime.
The Mercury won the teams' first meeting, 93-80, on July 1 in Phoenix. A few hours later, Taurasi was arrested on DUI charges and then served a two-game suspension before the All-Star game last month.
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Diana Taurasi scored 19 points to lead Phoenix (16-6), which has won 10 of its last 12 to take a three-game lead over Seattle in the Western Conference. Cappie Pondexter added 16 points, Temeka Johnson had 15 and Tangela Smith 14 for the Mercury, who are one of just three teams in the league with a winning road record (7-4).
Tanisha Wright scored a season-high 25 points and Camille Little had 20 to lead the Storm (12-8). Lauren Jackson added 18 points, Sue Bird had 13 and All-Star game MVP Swin Cash 12. Jackson and Cash also had 11 rebounds each.
Phoenix appeared to have the game in hand with a 74-67 lead with 6:07 left in regulation until the Storm scrambled back.
Bird converted a three-point play with 1:15 left to pull Seattle to 81-78. After a miss by the Mercury, Little hit a tying 3-pointer with 44.7 seconds left.
Taurasi made three of four free throws to give the Mercury an 84-81 lead with 16.2 seconds left. However, Bird tied it with a 3 with 5.6 seconds remaining to send the game into overtime. Referees used replays to confirm the shot was a 3-pointer.
Jackson, averaging 19.1 points per game, was held without a field goal on four attempts in the first half. Cash, second on the Storm at 12.3 points per game, had just three points in the opening half.
Wright took over the scoring load by matching her previous season high of 21 before halftime. She made 7 of 11 attempts and was 6 for 6 at the line in the half.
Phoenix took a 32-28 lead on Temeka Johnson's 3-pointer at 6:16 of the second period.
A fastbreak 3 by Bird after a turnover by the Mercury started a 6-0 run to give the Storm a 34-32 lead.
Phoenix then went on an 11-0 run, sparked by back-to-back 3s by Kelly Mazzante and Taurasi with less than 3 minutes left.
Seattle chipped its way back. Jackson scored her first points of the half with a pair of free throws with 1.37 left. She had four at the break.
Wright closed the half with a three-point play with 7.8 seconds left as Phoenix held a 45-43 lead at halftime.
The Mercury won the teams' first meeting, 93-80, on July 1 in Phoenix. A few hours later, Taurasi was arrested on DUI charges and then served a two-game suspension before the All-Star game last month.
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