Why I Fight DUI

Working - Jason Cerbone, Savannah DUI lawyer rolling golf ball on road - Cerbone DUI Defense

Better class of people.  At least they’ve got a car.  They are hard, fun, and anybody can get one.  DUI’s are different.  This is because there is much more law on DUI.  DUI law changes fast.  Very fast.  Stay tuned for a big change coming to Georgia with the Intoxilyzer 5000 source code. Enormous.

DUI is biology, chemistry, science. The science is false. The machine doesn’t work. The science is on our side. And the prosecutor’s in Savannah, Georgia are going to have to square with that. Soon. The prosecutor’s so-called expert witnesses are advocates, not scientists. There ex-police agents with new titles, like “area supervisor.” The Intoxilyzer 5000 (the DUI breath test used in Savannah, Georgia) is accurate only because the legislature says so. The evidence they need to find you guilty in a DUI case isn’t even forensic. The State doesn’t need a forensic expert to testify to the jury that their breath estimator was reliable and accurate. Rather, the prosecutor only needs to show the you that a machine makes the sample and spits it out. Is this fair, accurate, reliable? Where does the hospital keep their breath machine? They don’t use one. Why do doctors use blood testing? Because they need accuracy. And reliability. Whose choice was it to use a breath sample? Ever taken a prescription pain medicine? Did it last four to six hours? Not a full day? Scientifically, you know that most pain medications can be detected in you the next day? Not alcohol.

Inside Intoxilyzer 5000 Breath Alcohol Test Machine, Savannah, Georgia - Cerbone DUI Defense

Ain’t good enough for Alabama…

The Intoxilyzer 5000 DUI breath testing device ain’t good enough for Alabama, Mississippi, South Carolina, Florida, and many more states. Sweden quit using it over 15 years ago because it’s bad, old science. Most states don’t use it. But, Georgia still uses it to convict people.

CMI, the manufacturer out of Owensboro, Kentucky now only makes the 8000 series. They will not make new parts for the 5000 machines. The design of Georgia’s instrument is over 25 years old. The computer was built and last updated in 1985. Ever owned a boat with an outboard motor? How about a lawn mower? Did it ever fail to start? Ever heard of a space shuttle exploding?

Interfering substances are not subtracted from your sample.

Filters are made to detect and subtract out interfering substances. But, GBI made the manufacturer set up a different software protocol for the Georgia Intoxilyzer 5000. This is important because if the machine is not sniffing out interferrents perfectly then your breath sample can be falsely high. But, since Georgia has chosen to not use easily available software to capture data from the machine, interfering substances will always go undetected.

No paper trail

Almost every state in the U.S.A. uses a breath machine that leaves a paper trail for you to challenge your sample. Not Georgia. Our breath test samples leave nothing. But, you are always allowed to challenge a breathalyzer’s sample. This is where I come in. Challenge. Attack. Challenge. Show me. Challenge.

DUI Exception to the Constitution

Many constitutional protections that you and I have are not there for DUI.  Instead, there are DUI exceptions to the constitution.  For example, the crime of “Failure to maintain lane” includes driving and weaving within your own lane.  The law says this is a good stop.  Roadblocks are the falsest thing out there. But, the law says it’s all good.  Unlike every other crime, you’ve got no right to an attorney until you are arrested, processed, and booked.  Make sense?  No?  That’s the point.  To make it “O.K.,” the court’s have gone and carved out what Lawrence Taylor has quoted as the ‘DUI Exception to the Constitution.”

You are required to give evidence against yourself when you get arrested for DUI in Savannah, Georgia.  This is ridiculous. In some states it’s a separate crime to refuse a DUI test. It’s coming to Georgia.  In Arizona the cops are authorized to do a forced blood withdrawal.

There’s a presumption of guilt in DUI cases because the law says if there’s a test result, we’ll let the jury “infer” guilt.  And most people think if you drink and drive, you’re guilty.  You understand it’s not against the law to drink? And drive? Rather, it’s against the law to have too many drinks and drive.  What’s the first thing a waitress says to you after “Hello?” — “Do you want a drink?”

You can tell the truth in DUI cases. This is good. The bible says “the truth shall set you free.” So it will. I’m just bringing you the truth. I like that.

Double jeopardy is here for DUI, even though the Constitution says you and I are free from double jeopardy.  You’ve got two fights in a DUI case.  First, your administrative license suspension battle.  Second, your criminal DUI case. How can this be?  Because there’s a DUI exception to the Constitution of the United States of America — that’s how.

Criminal intent or state of mind is never an issue.  So think of it as a strict liability crime.  Do this and that’s it.  We don’t care why.

Well, that’s my dish.  I must shove off.

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