how easy is it for a lawyer to prove an intox ec machine wasn't calibrated correctly?

by Miss Vida Lueilwitz 10 min read

How do I calibrate my Intoxalock device?

Oct 22, 2018 · Throughout the United States, "per se" DUI laws establish a legal presumption that a driver was intoxicated if he or she had a blood alcohol concentration (BAC) above a certain limit -- across the board it's .08 percent.But, how does law enforcement know that a driver is above the legal limit? In order to establish a DUI suspect's BAC, police officers will ask a driver to submit …

How often do I need to calibrate my interlock device?

Nov 18, 2016 · Machine: Or, Lawyers Vs. Legal Technology. “The first thing we do, let’s kill all the lawyers.”. — Shakespeare’s Henry VI, Part 2 Act 4, scene 2, 71–78. Emerging legal technologies and increasingly cost-conscious clients have created a perfect storm for the extinction of the legal profession as we know it, a hypothesis that has been ...

How can an automotive lawyer help with a repair claim?

Jun 23, 2021 · Ethics in Cybersecurity Marketing is a topic of hot debate among many security practitioners. Cybersecurity vendors are often criticized for how the marketing campaigns they deploy, the promises they make and the practices they use to reach members of the community. Recently, the cybersecurity community (and I in particular) was the victim of unethical content […]

Is breathalyzer evidence enough to prove a DUI charge?

Find answers to frequently asked questions about ignition interlocks devices. Intoxalock is an industry leading ignition interlock provider and has representatives available 24/7 to answer your questions. We offer customer support via web chat and by phone at (888) 283-5899. If you are an existing customer, download the Intoxalock Mobile App or ...

How do I discredit a breathalyzer?

Your arresting officer must have had:Reasonable suspicion to pull you over. Usually this requires testimony that you were driving erratically or breaking a traffic law.Probable cause that you were intoxicated. Evidence of this includes slurred speech, smell of alcohol, etc.Jan 16, 2014

What happens if I don't calibrate my breathalyzer?

Common Challenges to Breathalyzer Results An improperly calibrated or poorly maintained machine will produce unreliable results that cannot form the basis of a presumption of intoxication under per se DUI laws.Oct 22, 2018

How often are breathalyzers not calibrated?

In general, a personal breathalyzer device will indicate that calibration is required after 1 year or 5000 tests; breathalyzers for law enforcement should be calibrated once per month.

Do breathalyzers need calibration?

Breathalyzers must be calibrated regularly and receive all required maintenance to ensure they deliver accurate results every time. An improperly maintained machine can produce unreliable test results, which a defense attorney can question in court.Feb 24, 2021

What happens if you miss a calibration?

Calibrations are required by the state, not the interlock provider, so failure to comply may result in penalties from your state. If you do miss an appointment, reschedule as soon as possible to avoid becoming out of compliance and to keep your vehicle on the road.

How long does it take to calibrate interlock?

about 15 minutesThe Interlock's data will download and the Device will also refresh. You also make your next payment. Calibration appointments usually only take about 15 minutes.Aug 10, 2017

How much does it cost to calibrate a breathalyzer?

The price is $24.99 per Pro Grade unit, and $19.99 per non-Pro Grade unit.

How often should I calibrate my breathalyzer to ensure accuracy?

Services and Calibration requirements: Breathalysers are precision instruments of a scientific nature that require recalibration at specific intervals. Calibration must be carried out on a regular basis at 6 or 12 Months intervals depending on device specifications and use to ensure accuracy.

Are breathalyzer tests accurate?

Modern breathalyzers are fairly accurate. However, they aren't perfect, and not following proper procedures when using a breathalyzer can lead to significant error. All breath-test devices have an inherent margin of error. With many devices, the results can be off by as much as .

How do you calibrate a breathalyzer test?

The two principal calibration methods for breathalyzers are calibration gas mixture and breath alcohol simulation. Both methods function by supplying a known concentration of alcohol of air to the breathalyzer in air or nitrogen.Mar 19, 2021

How often do breathalyzers need to be calibrated in CT?

You must bring each vehicle to the installer every 25-30 days for calibration. Failure to do so will result in the suspension of your driver's license for failure to comply with the terms of the IID program.

Can breathalyzers be inaccurate?

In fact, it can create a false positive reading or a test reading error. Most Breathalyzer machines are designed to measure alcohol content in the lining of your lungs. However, medical experts advise that it is the air deepest in an individual's lungs that provide the most accurate measure of blood alcohol content.

How does technology help the legal profession?

By making the drafting process more efficient , the use of legal forms is perhaps the first logical frontier for technology helping the legal profession scale. In fact, the use of form templates to reduce costs has been in use since at least the Middle Ages. Today, the use of technology in the drafting process has, in some instances, shifted the balance of power to consumers, offering them the ability to shape legal documents based on their individual needs by providing data online, thus dispensing with the legal middleman altogether. This kind of mechanization is attractive — and is proving popular — for areas of law where people have relatively simple needs that can be met with few variations. For instance, computer programs can draft a will, suggest the terms of a contract, or determine whether or not one should sue. Certain applications can even automate simple briefs and memos. Legal forms, as they depend on largely preset formulas, are generally easier to systematize than legal memos or briefs.

Is computer application vulnerable to boredom?

As John O. McGinnis aptly summarizes in the City Journal, computer applications aren’t vulnerable to “fatigue, boredom, and everyday distractions [which] reduce human accuracy, [but rather] work nonstop, without a lag in attention or need for caffeine or sleep.”.

Can a computer draft a will?

For instance, computer programs can draft a will, suggest the terms of a contract, or determine whether or not one should sue. Certain applications can even automate simple briefs and memos. Legal forms, as they depend on largely preset formulas, are generally easier to systematize than legal memos or briefs.

The Saga Begins

The recent revelation with EC-Council began on Sunday, June 20, 2021. While performing a Google search to pull the Featured Snippet that had previously been attributed to my BISO blog, I discovered it was no longer connected to my blog. This is normal. Google updates their featured snippets all the time based on content they crawl from the web.

Notification to EC-Council and Social Media

I was hurt, I was angry, I also felt betrayed. You see, in April of 2021, I worked with EC-Council to help them address issues of misogyny and sexism that had come to light. Despite many who expressed a bad feeling about the organization, I tried to give them the benefit of the doubt and a chance to change their ways.

A Pattern of Behavior

For the next 48 hours the only activity was the ongoing discussion on social media. I heard nothing from EC-Council. However, I was informed that my story had been added to a growing list of misdeeds by EC-Council that have been captured on the website attrition.org.

Goodbye EC-Council Blog

Sometime after 9:35PM CDT on Tuesday (when I contacted Mr. Bavisi again regarding the additional evidence), the EC-Council blog website was taken off-line in its entirety. Requests to the blog site were redirected to their home page. In the very early hours of Wednesday morning, EC-Council published a formal statement.

Damage to the Community

The point of this blog isn’t to attack EC-Council however, it’s to use this example to highlight a bigger issue that is growing in the cybersecurity space. Unethical marketing behaviors such as this have sown considerable distrust between security practitioners and the vendors we rely on to supply the defensive tooling and education we need.

Content Marketing Requires Investment

Based on my time spent creating content for content marketing campaigns, I have a theory that I believe is the likely cause of the issue at EC-Council. All too often, content marketing will hire professional writers who are not domain experts to create new online content. This is ok if it is done correctly.

Content Requires Stringent QA

If you are going to publish content to your site, that means you have a duty to other content creators. Your duty is that you must ensure your authors aren’t posting plagiarized material. Simply running an automated tool clearly isn’t enough.

What happens after a Intoxalock installation?

After your Intoxalock installation is complete, you will be given a Certificate of Installation. In many states, you are required to provide this document to your monitoring authority for review. In other states, they may have electronic notification set up upon your installation completion at the service center.

What happens if you fail an ignition interlock test?

In many states, too many failed ignition interlock samples will cause your device to go into a service lockout. A service lockout means that your device will need further service before you can submit a new sample to start the car.

What is the phone number for ignition interlock?

We offer customer support via web chat and by phone at (888) 283-5899. If you are an existing customer, download the Intoxalock Mobile App ...

How effective are ignition interlock devices?

Ignition interlock devices are extremely effective in preventing repeat drunk driving offenses, they are the number one solution for real impacts and are supported by Mothers Against Drunk Drivers and the National Highway Traffic Safety Association.

How to submit a breath sample?

There are two methods of submitting a breath sample, depending on your state requirements. The most common is a simple blow, inhale, blow method that is like a deep exhale and inhale pattern that you would use during a doctor’s visit. The other is a straight blow method that requires a more forceful breath.

Can an ignition interlock damage a vehicle?

Whether an ignition interlock could damage a vehicle in some way is a very common concern. IIDs that are installed correctly should never do any damage to your vehicle. This is what it is important to choose an interlock provider that thoroughly trains their installers.

Can you install an ignition interlock?

You can choose to install an ignition interlock device even if you haven’t been legally required to do so. Intoxalock offers special voluntary pricing to help protect you and your loved ones. IIDs have been used in alcohol treatment processes for accountability and peace of mind in avoiding dangerous outcomes.

Why are auto repair laws enacted?

Each state has its own set of auto repair laws that go by various names, but are primarily enacted for the purposes of protecting the average consumer. For instance, many states have laws that address unfair and deceptive practices in car repairs.

What does a car owner have to prove to the mechanic?

The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.

What is a mechanic repair lawsuit?

Mechanic repair lawsuits refer to a large umbrella of cases that involve issues regarding vehicle repairs and mechanics or automobile repair shops. For example, a car owner may sue a mechanic for performing unauthorized or unnecessary repairs, providing false or misleading payment estimates, or for breach of warranty.

What can an auto lawyer do?

An automotive lawyer may also reach out to the repair shop and/or mechanic on a vehicle owner’s behalf before filing a claim. By opening communication lines, the lawyer may be able to persuade the repair shop to either fix the damage or to settle out of court, so no one has to experience the added stress of a trial.

Can a mechanic fix a problem for free?

Savvy businesses strive to keep their customers happy, so oftentimes a mechanic will repair the problem that they caused for free. If the mechanic and/or repair shop refuses to or cannot fix the damage done, then the vehicle owner should consider taking legal action.

Can a mechanic shop be liable for a stolen car?

Thus, a mechanic shop will generally be liable for a stolen vehicle or for the loss of items attached to a person’s vehicle. A mechanic typically will not, however, be responsible for the theft of any personal property that was stored in a vehicle, such as laptops, cell phone chargers, or expensive sunglasses.

Can a mechanic fix a car that is not their fault?

However, if the mechanic or repair shop refuses to accept responsibility or claims that it is not their fault, then the vehicle owner may seek legal recourse for a misdiagnosis.

What is the breathalyzer used at the police station called?

The breathalyzer used at the police station is called an Approved Instrument. The Approved Instrument currently used in British Columbia and Alberta is the Intox EC/IR II which also uses a fuel cell to report breath-alcohol concentration.

Does Alco Sensor FST recognize alcohol?

The Alco-Sensor FST only recognizes alcohol. The problem is that it cannot differentiate between alcohol from the breath or alcohol in the mouth. If there is alcohol in the subject’s blood, it will be exhaled along with the person’s breath.

Where to go if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What happens if a lawyer doesn't return phone calls?

A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

Homework Statement

A screw jack has a single start thread of pitch 7mm and a operating handle 800mm long.when raising a load of 750kg the effort required on thev end of the handle is 26N.

The Attempt at a Solution

where a is the velocity ratio and w is the load however what does the b stand for and if i need to caculate this how do i do this please help ......

Answers and Replies

Substitute the values of E,a,w in the law of machines to obtain the value of b (it is a constant).