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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.

WNPV AM 1440 Well, we played TWO games of Bingo tonight! Mary Ann Richard of Tylersport won the first game with just 10 numbers called! So we had time to play a second which Dan Yoder of Lansdale won! It's easy to play and win so pick up your official bingo card and be ready when snow closings cause us to play again!
WNPV AM 1440 As expected, WNPV will be playing Snow Bingo again tonight at 5! Since we didn't get nearly the amount of snow they predicted, you can still get your official orange bingo card at Barb-Lin Carpet One, 640 North Main Street in Doylestown ... Henning's Trains, 128 South Line street in Lansdale ... or at Walton's on the corner of South Broad and Hancock Streets in Lansdale. No purchase necessary.
WNPV AM 1440 Congratulations to Dave Friesen of Harleysville ... the winner of our 3rd Snow Bingo game of the season! Odds are we'll have another game tomorrow so stay tuned ...
WNPV AM 1440 Thanks to Mother Nature, WNPV Radio will be playing Bingo again tonight at 5 PM. Play to win 2 VIP car washes at Lansdale Car Wash, a $50 gift card from Gimaro's Seafood and Steaks in Montgomeryville, and a 500-piece jigsaw puzzle from CardSmart in North Wales and Quakertown! There's no purchase necessary but you must have the official 2015 orange bingo card available at Walton's in Lansdale, Barb-Lin Carpet One in Doylestown, and Henning's Trains in Lansdale.
WNPV AM 1440
Chase Elliott seems poised to succeed Jeff Gordon at Hendrick Motorsports www.foxsports.com Team owner Rick Hendrick on Thursday stopped short of saying Chase Elliott would replace Jeff Gordon next year in the NASCAR Sprint Cup Series, but that's certainly the conventional wisdom.
WNPV AM 1440 Tune to 1440 AM (or online at www.wnpv1440.com) at 8 PM for the Gwynedd Mercy University Men's basketball game postponed from last night. Broadcast team this evening will be WNPV's Joe Moskal doing the play-by-play and Gwynedd Mercy's Women's basketball coach Keith Mondillo doing color!
WNPV AM Radio 1440 - The Talk of the Suburbs wnpv1440.com WNPV AM 1440 - Radio Station in Lansdale, PA 215-855-8211

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