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Lawyer: Breath Test Ruling Applies In Only One County

Lansdale Lawyer Marc Steinberg says he took part in a recent webinar on the law and science of a ruling by Dauphin County Judge Lawrence Clark that led state police to stop using breath tests for alcohol in DUI cases.

He says he learned that they are not accurate for people at the high end of three intoxication tiers.

“Anybody that is in that third tier or category of .16 or higher, the machine probably is not accurate.  They can’t calibrate it because they haven’t set up to do that, so that’s a really simple explanation of the science.  That’s why Judge Clark threw it out.  He quashed the charge on that ground.”

He says anyone thinking about getting off the hook with a similar argument should know that getting expert witnesses to testify in court is very expensive.

“It could cost you a bundle of bucks to prove that you are correct and that the machine didn’t operate properly.”

Steinberg says no one should think they can get away with drunk driving based on the Dauphin County case, and in Montgomery and Bucks Counties most of the DUI testing is done by blood, not by breath.

He appeared Wednesday on the WNPV talk program Legally Speaking.

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WNPV AM 1440 Have you caught Jeff Nolan's high school football previews in the morning? WNPV's high school football schedule begins this Friday night when LaSalle College comes to North Penn starting at 7:30 PM.
WNPV AM 1440 Do you have legal questions? Jot them down and then call WNPV tomorrow between 11:10 and noon when Liam Duffy and Andy Levin from Rubin, Glickman, Steinberg and Gifford will provide free legal answers on "Legally Speaking" right here on 1440 AM! Call 215-855-8211 or 800-355-9678 between 11:10 and 12 noon tomorrow.
WNPV AM 1440 Anyone interested in complimentary tickets to the Lehigh Valley Airshow taking place this Saturday and Sunday at Lehigh Valley International Airport in Allentown? Call Linda at 215-855-8211. You'll have to pick them up at the radio station (1210 Snyder Road, Lansdale, PA 19446). To see what's happening at the airshow, to to www.lehighvalleyairshow.com.
The Lehigh Valley Airshow www.lehighvalleyairshow.com The 2014 Sands Bethlehem Lehigh Valley Airshow presented by Service Electric. August 23rd and 24th, 2014.
WNPV AM 1440 Who are your musical heroes? When did your love of music start? Why do you play the instrument that you currently play? Send me your bio and 3 mp3s and you might be a guest on Buxmont Live. Music month was so popular we're going to include music year 'round. jr@buxmontlive.com
BuxMont Live! Saturdays 10:10 am to 11 am on WNPV AM 1440 www.buxmontlive.com BuxMont Live is a live radio program on WNPV AM 1440 Saturdays 10:10 am to 11:00 am.

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