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Problems with Breath and Blood Tests in DWI Arrests

November 5, 2014 By Alyssa Kusturiss Poole

Media Pennsylvania DWI/DUI Breathalyzer Test Attorney

There are several issues that must be considered in any DWI arrest: 1.) did the officer have reasonable suspicion to pull you over? 2). Did he or she properly administer the field sobriety test? 3.) Did the officer have probable cause to give you a breath or blood test? 4.) Was the breathalyzer properly calibrated? Was the blood test tainted? At each stage in a DWI/DUI arrest, a failure to follow proper procedures may be grounds for dismissing the DWI/DUI charges against you.

Field Sobriety Test and Probable Cause

Field sobriety tests are used to establish probable cause for arresting you on suspicion of drunk driving. There are several problems with field sobriety tests, the least of which is the fact that a police officer acts as judge and jury in the field. More importantly, however, are issues associated with the test itself. Most police departments follow guidelines established by the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing Student Manual.

The manual itself provides extensive instructions on how a test is to be given, what officers should do if a suspect shifts his weight to one leg momentarily, raises his hands above 6 to 8 inches, or pauses. The manual also instructs officers to give a field sobriety test on a flat, even, dry surface. Do officers always follow these guidelines? No – and when they don’t, our attorneys point out what was done incorrectly, questioning the test’s reliability in establishing probable cause to arrest you.

Breath Tests – Was the Breathalyzer Functioning Properly?

Forensic experts have questioned the reliability of certain breathalyzers link to https://en.wikipedia.org/wiki/Breathalyzer – like the Intoxilyzer 5000 – that operate according to what is known as “Henry’s Law.” In short, Henry’s Law assumes a certain alcohol to blood ratio that isn’t always reliable in certain situations. As a result, a number of factors can result in a false-positive reading in breath tests. For example, a false-positive can result if you used mouthwash, take certain medications, or the mouthpiece was not changed between tests.

Additionally, how you were asked to blow into the device can also sometimes affect the results. Since breathalyzers are machines, they must be properly maintained. If a breathalyzer isn’t calibrated correctly, breath test results will not be accurate. Our attorneys inspect the maintenance record for breathalyzers in order to determine if the one used in your arrest was not properly calibrated.

Blood Tests and DWI/DUI Charges

While more accurate than breath tests, there are several forensic issues that arise in blood tests as well: did the person who drew your blood wipe your arm with alcohol? Is there reason to believe the preservative in the test kit was expired? Did the sample contain mostly plasma or whole blood? Another issue in blood tests is their ability to detect drugs in your system. In the state of Pennsylvania, if drugs are found in your system, you face additional criminal charges – even if you last used them weeks ago.

Learn the Facts – Contact the Law Offices of John E. Kusturiss Today

There are a number of technical and legal issues involved in a DWI arrest. Depending on the actions of the arresting officers and the forensic materials used, your DWI/DUI arrest may be eligible for dismissal.

To learn how we can help you, contact Media DWI defense attorney John E. Kusturiss today online or call us at 610-565-0240 to schedule a private meeting. There is no charge for your first consultation. We will meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Filed Under: Criminal Defense Attorney, Criminal Lawyer, Delaware County Defense Attorney, DUI, DWI / DUI, Media criminal defense lawyer, Pennsylvania criminal defense attorney

The Attorney-Client Privilege: Don’t Let Your Shame Get in the Way of Your Rights

January 27, 2014 By Alyssa Kusturiss Poole

In Pennsylvania, as in other states, a lawyer has an ethical obligation to maintain the confidential relationship between attorney and client. Even though you know that your lawyer won’t disclose personal information, the shame that you feel can make you reluctant to disclose critical information to counsel. Don’t make that mistake—your attorney has taken an oath to represent zealously within the bounds of the law. The more you disclose, the better your lawyer can protect your rights. Without all the information about what you have done, your attorney will be hamstrung, and may even make assertions that prove not to be true.

As a general rule, if a client makes a statement in confidence to counsel, that information may not be disclosed to a third party without the client’s permission, with very limited exceptions. Your lawyer may disclose information if he or she reasonably believes that not doing so would jeopardize the safety or physical integrity of another person, or if he or she reasonably believes you are about to commit a crime. Your attorney may also disclose evidence of past conduct if it is likely to cause harm to someone in the future.

It’s also important to understand the source and power of the emotion of shame. It has been said that shame is the work of memory against forgetting. If you simply forgot the wrongful acts you committed, there would be little to stop you from doing them again. Shame helps keep that from happening, so even though it’s a painful emotion, it has a positive impact. Even so, its power comes entirely from the meaning that you attach to it. It’s a story that you create with an imagined result, and as long as you never share the story, you get to control the consequence. When you disclose a shameful act to another person, and life goes on, you begin to understand that your shame only has the power that you give it. Confiding your past shameful act to your attorney can often be the safest place to start, as your attorney won’t end the relationship because of what you have done.

Contact the Law Offices of John E. Kusturiss, Jr.

At the Law Offices of John E. Kusturiss, Jr, we have more than 30 years of practice experience. Contact us online or call us at (610) 565-0240 to set up an appointment. There is no charge for your initial consultation. We are available to meet with you evenings or weekends upon request. We take Visa, MasterCard and Discover, as well as debit cards.

Filed Under: Criminal Defense, Criminal Law, Media criminal defense lawyer

Violation of a Restraining Order

August 19, 2013 By Alyssa Kusturiss Poole

Even if you are sure that there’s been a mistake, you must not violate a restraining order, or you could be facing jail time and fines. This criminal contempt of court sentence could affect your life as well as the lives of any involved children going forward if you are in the midst of a custody issue or a divorce.

Orders of protection or restraining orders are often mandated it cases involving domestic violence, harassment, and stalking. However, restraining orders are also issues to make people comply with issues like these:

  • Temporary support order payments
  • Making you leave your own home
  • Limiting the contact you have with your biological children of the person who took out the retraining order against you
  • No contact by phone, email or any other means

Receiving a retraining order for any of the above items is incredibly upsetting. It can be humiliating, bewildering, and traumatizing. At the same time, it’s the law, and you must obey it. However off the mark you may know that the restraining order is, and often they are taken out to gain the upper hand in a divorce or custody battle. Don’t take the law into your own hands.

If, however, you have been charged with violation of a restraining order, you may be facing a contempt of court charge, for violating the order. Criminal contempt does not have a jury trial, but you can retain a lawyer.

You could be facing from six months’ probation to 6 months jail time with fines of $ 300- 1000. Talking to an attorney who understands how to fight for your rights can be critical in the outcome of your case.

Experienced Attorney Defends Clients Accused of Violation of Restraining Orders in PA: 610-565-0240

If you or a loved one has been arrested for violating a restraining order, it is important that you discuss your concerns with someone who understands the potential consequences of a conviction and how to best protect your rights.

The Law Offices of John E. Kusturiss, Jr., in Media, Pennsylvania, offers a free initial consultation with an experienced criminal defense attorney. Here, you will find the help you need: answers, options, understanding, and attorneys who will fight for your rights at every stage of your case.

To arrange a free, confidential consultation, please call 610-565-0240 or email us.

We are based in Media, Pennsylvania, and represent clients who have been charged violation of a restraining order and other crimes. We also handle cases involving divorce and family law, and personal injury law throughout Springfield, Chester, Upper Darby, Ridley Park, Newtown Square, and Havertown, PA.

Filed Under: Criminal Defense, Criminal Law, Media criminal defense lawyer

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