QUESTION
How do I go about getting the codes and maintenance records of a breathalyzer?
Asked on Jan 17th, 2014 on DUI/DWI - Michigan
More details to this question:
I read on the internet that a New Jersey based co. found over 19000.00 errors in the breathalyzer codes. How do I go about getting these codes and are they still using the basic type of machine that was introduced in 1954?
3 ANSWERS
Hire a DUI specialist and subpoena it.
Answered on Jan 20th, 2014 at 10:10 AM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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No, the same machines are not being used. They are becoming more complex and sophisticated. The way to get the records is to request them from the DMV (for the administrative hearing) or from the prosecutor in the criminal case. Get a lawyer don't try to do this on your own.
Answered on Jan 20th, 2014 at 10:02 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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You need to send what is often called a "discovery request," or request entry of an "Order Granting Discovery," and serve the prosecutor or the police department with the request for the Breathalyzer maintenance and test log data.
Answered on Jan 20th, 2014 at 10:01 AM