Breath tests are dangerously false if used on anyone
suffering from Reflux, or GIRD, or indigestion, or "heartburn"
Scientific Defense should be explored in all these situations:
MEDLINEplus Gastroesophageal
Reflux-Hiatal Hernia
(Numbers in items below refer to sections of Cal. C. of Regs., Title
17).
1. The names(s), model number(s), and sufficient pertinent information necessary to identify the instrument(s) or device(s) used to analyze the defendant's breath sample herein,. (1222)
2. The following records of determinations of accuracy of instrument(s) and device(s) used to test the defendant's breath for blood alcohol level. (1222.1(a)(4); 1222.1(a)(6); 1222.2(a)(1)
2a. Name(s), address(s) and phone number(s) of operators(s) who ran the 10 day/150 subjects simulator tests immediately before and after the test on the defendant herein. (1222.4(a)(6))
2a(1). Any evidence that that person is a qualified operator of the machine used to test the defendant's breath. (1222.1(a)(3); 1222.1(a)(3);1222.1(a).)
2b. Name(s), address(es) and phone number(s) of the Forensic Alcohol Analyst(s) or Supervisor(s) who compared the results of the test in item A(2)(a) to the known alcohol concentrations of the simulator solutions in order to verify the accuracy of the machine used to test the defendant's breath. (1221.4(a)(2)(A)(1); 1221.4(a)(6).)
2b(1). That person's qualifications, including education, experience and training, and license status. (1222.1(a)(1).)
2c. The name(s), model number(s) and sufficient pertinent information necessary to identify the instrument(s) or device(s) used to determine the accuracy of the instrument(s) or device(s) used to test the defendant's breath. (1222; 1222.2(a)(4);1222.1(a)(6).)
2d. A portion, for retesting by the defendant herein, of the simulator solution(s) or reference sample(s) used in the 10 day/150 subjects tests immediately before and immediately before and after the test on the defendant herein.
2e. Written calibration and quality control procedures used by the laboratory herein for determination of accuracy, including the procedures for (1) making up the simulator solution, (2) verifying its alcohol content by separate test method, (3) running it through the breath test machine, and (4) comparing the results of that test with the expected value. (1222; 1222.1 (a)(4).)
2f. Results of 10 day/150 subjects tests for determination of accuracy for the period, beginning 6 months before, and ending 1 month after, the analysis of the defendant's breath. (1222.1(a)-kept 3 years; 1222.1(a)(1).)
3. All records of the test performed on the defendant herein, including, but not limited to, the result printout from the machine used herein. (1222; 1222.1(a)(3); 1222.2 (a)(2).)
4. The name, address and phone number of the person who was the operator that performed the test on the defendant herein. (1222; 1222l1(a)(3); 1222.2(a)(2))
4a. Any evidence that that person is a qualified operator of the breath machine used. (1222; 1222.4(a)(5); 1222.1(a)(7).)
5. Precautionary checklist to be used by operators of the instruments(s) or devices(s) used to test the defendant's breath. (1222.2(a)(3).)
6. Maintenance records of instrument(s) or device(s) used to test the defendant's breath, and of the simulator used to test that breath machine, for the period beginning 6 months before, and ending 1 month after, the analysis of the defendant's breath sample. (1222; 1222.1(a)(4);1222.2(a)(1).)
7. Education, experience, training and license status, of any person the prosecution intends to call as an expert witness at any hearing in this case, on the subjects of forensic breath alcohol analysis or the effect of alcohol on the human body. (1222.1(a)(1).)
8. The license of the laboratory where the breath test machine used to test the defendant's breath was calibrated and maintained, for the year of arrest.
9. Written Reports made by the California Department of Health, for the use of the laboratory identified in item A(8), or otherwise, within the 2 year period prior to the analysis of defendant's breath herein, which concern the results of onsite inspection by the Department, or the results of said laboratory's analysis of periodic evaluation samples submitted by the Department. (1222; 1216.1(a)(4); 1217.5.)
10. Any writings related to the testing by the laboratory of evaluation samples submitted by the National Highway Traffic Safety Administration in the program known as the "Blood Alcohol Proficiency Test Program".
11. Any writings in the possession of the laboratory concerning the subject of Radio Frequency Interference (RFI) with breath testing devices.
12. Any written studies, memorandums, reports or other documents concerning compilations of data obtained by your laboratory from the alcohol analysis of blood, urine or breath (on machines maintained by your laboratory) in drunk driving cases, wherein the subject of such documents concern any or all of the following situations:
12a. Instances where the same person was given multiple breath tests and the results of the tests did not agree with each other within a range of +0.02%.
12b. Instances where a person was given both a breath test and a blood or urine test.
12c. Any other instances where circumstances led police or laboratory personnel to question the accuracy of a breath test.
13. Same as item (12), but related to compilations of data obtained by or with others.
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AMERICAN LEGAL EDUCATION, INC. HEREBY AWARDS THIS CERTIFICATE
OF INTOXILYZER 5000 OPERATORS COURSE K. Randolph Moore has successfully
completed the course of instruction April 12 1997 Richard Jensen PHD Date Training Supervisor
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