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Georgia DUI Intoxilyzer 5000 Resetting to Skew Result


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One of the ways these machines can be manipulated by officers and because we don't videotape the breath test room in most jurisdictions we've had to pick this up from other jurisdictions where the breath test room is recorded. South Carolina for example mandates it under every case they have. If an officer sees a number that is very low (as he shields it from the camera) and yet he has arrested someone and they are blowing and you can tell because you can hear the tone on the video. The officer then wants to have the machine looked as though the person has done something wrong or didn't blow correctly.

All he or she has to do is push the start button again and that can be done because his or her hand is right next to it, holding up the card, just touching the button resets the machine and it will show up as an invalid test.That invalid test will sometimes be called a refusal and they'll take away your license for a full year. Taking away your license can result in you losing your job, your house (because you have no salary), all kind of consequences all because this button is exposed to someone touching it and setting it off to say a reading that indicates that you refused. That's what they claim in court and that’s how they get convictions. We've actually recorded this in other jurisdictions where they are filmed. Georgia doesn’t film the button or the procedures being done, not as a matter of law.

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