When the FORMER state's breathtest "expert" Swore or Certified that the Error was ONLY 5% & the Unit was "R-E-L-I-A-B-L-E",... What did that mean?

It meant that ONLY a 0.084% reading was defendable on a 0.080% Legal Cut Off [since 0.084% times 5% error would make it a potential 0.0798% reading]... that only a 0.042% reading was defendable for a trucker or bus driver stuck with a 0.040% cut off ....that a 0.022% was defendable for a DOT garage worker [or] an Amtrak worker [or] for an underaged drinker/driver in some states with a 0.020 cut off.... or a 0.105% BAC was defendable for an underaged drinker/ driver in other states that have a 0.0100% cut off... WHEN THE ERROR was set artificially at ONLY 5%. How would the state's 'expert' actually know that the Error from any analytical technology was ONLY 5%? Would the Simulator duplicate anyone's lungs? NO. Would the state's expert know anything singificant fact[s] about the DWI suspect's body? NO. Did the state's expert have any real background in human anatomy, physiology, biochemistry or in any medical discipline to any real significance? NO. Was he an actual degreed scientist? NO. How about the term "RELIABILITY"[ To-be-Trusted with?] that he so easily swore to on a Bible &/or testified to, &/or Certified to? Then, after he leaves the state & wants, gleefully, to be an expert for the defense... you should not associate him with any defense case of yours that is higher than a 0.084%, a 0.042% or a 0.021% or a 0.0105% unless that former state expert wants recant that he was absolutely wrong before & is now sorry for convicting & misconvicting so many state drivers... & gives back the DWI/DUI fine[s] & surcharge monies that were wrongly taken by the state & compensate for the loss of drivng ability during the DWI/DUI supension period. The DWI/DUI defense ought to know what was required by the state for these individuals to to receive their very generous pay scale, overtime money, paid for vacation, a very good retirement plans, & totally free medical/dental for their entire family... not even mentioning that the job did not require them to dodge bullets or do dangerous car chases.

Let's look at a 0.13/0.13 % BAC DWI case... that would require 64.5% ERROR in the breatthtest unit to make it a potential 0.079% case! Why would any intelligent DWI defense atty EVEN THINK of hiring someone, whose previous stance was that the state's units ONLY had minicule 5% Error? Did he not know his state's Case Law? Why would a judge NOT REMEMBER this chap's previous courtroom stance...UNDER OATH [the job required him to do so!] ... placing his hand on a Bible that got many drivers convicted & mis convicted or RailRoaded for DWI/DUI? One could easily get an Ethics Citation for not being Ethical. Once, anyone takes a courtroom stance, the die for that individual has been struck,.... or did you not know from your law school professor that what one has testified to, can come back to haunt that person. .. or bite you on the derrriere!
Prof. Stan Broskey, Forensic Scientist, Holland, Bucks Co.,Pa 18966-1927