Tag Archives: False Positive

Permalink to Quality Assurance Standards for the Police

Quality Assurance Standards for the Police

It is infinitely better to have a few good men than many indifferent ones. -GEORGE WASHINGTON, letter to James McHenry, Aug. 10, 1798 Most of us are familiar with quality assurance and quality standards. Whether it is taking the steps to limit defective parts in a manufacturing plant or creating a better user experience for […]

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Permalink to Kombucha Tea and Non-Alcoholic Drinks DUI

Kombucha Tea and Non-Alcoholic Drinks DUI

Can You be Charged with a DUI for Drinking Non-Alcoholic Drinks like Kombucha Tea? Non-alcoholic drinks are classified as those drinks that have an alcohol content of .5%.  There have been some reports that show that the alcohol level in Kombucha tea can be sometimes higher.  Drinks like Kombucha tea and non-alcoholic malts can potentially […]

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Permalink to Does a DUI charge only prove you have good hygiene?

Does a DUI charge only prove you have good hygiene?

One of the reasons I argue against stiffer penalties for DUI is because the technology and testing being used is very inaccurate and there is a high risk that these stiffer penalties will be applied to innocent people.  In one case, a Minnesota man tested positive for alcohol and was sent to jail because this […]

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Permalink to Dear PA DUI Attorney: Should I Take a Portable Breath Test?

Dear PA DUI Attorney: Should I Take a Portable Breath Test?

If I am stopped for a DUI in PA, am I required to Take the Hand-held Breath Test? A lot of people get into trouble simply for not knowing their rights when stopped for a PA DUI.  Police know this and try to intimidate people into obeying their orders and in the process forgo the […]

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Permalink to Pennsylvania Snowfall or DUI?

Pennsylvania Snowfall or DUI?

Can You Be Falsely Charged With a PA DUI because of the Snow? Pennsylvania gets quite a bit of winter weather and as we all know snow and ice make it harder to drive.  One problem you may face is a false Pennsylvania DUI charge because of the tough driving conditions.  Just imagine: You are […]

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Permalink to Dear PA DUI Lawyer: DUI and Diabetes

Dear PA DUI Lawyer: DUI and Diabetes

Every Friday we take a look at some of the most commonly asked questions about Pennsylvania DUI so we can clear up any misconceptions and provide you with the most up-to-date and accurate information about PA  DUI laws and related topics. Today: Dear PA DUI Lawyer, My mother is 54 and she was arrested yesterday […]

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Permalink to They Get Off on Technicalities but They’re Really Guilty, Aren’t They?

They Get Off on Technicalities but They’re Really Guilty, Aren’t They?

In my travels around the country and around Pennsylvania, I run into a number of people.  One of the most common questions I get is, "You get them off on technicalities but they’re really guilty, aren’t they?" Here’s a question: Have you ever been accused of something you didn’t do? Of course, at one time or […]

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Permalink to Carryover effect part 3:  Flushing of inert gas is not enough to prove there is no carryover

Carryover effect part 3: Flushing of inert gas is not enough to prove there is no carryover

We have all heard of the "three second rule".  Namely that if someone drops food on the floor that it is good and safe to eat if you are above to snatch it back up within three seconds.  Sometimes we blow on it even to "get off the bacteria, germs and other stuff from the […]

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Permalink to Carryover effect part Deux:  Autodilution may be part of the problem for false blood results in DUI

Carryover effect part Deux: Autodilution may be part of the problem for false blood results in DUI

Just recently I posted "The Carry-over Effect: Lack of Blanks between tests leads to false positive or inflated BAC results" where we discussed the carry-over effect in Blood testing in DUI cases. One of the possible places for carry-over effect is when an auto-pipetter is used in an autodiluter.  Pennsylvania has some labs that in their […]

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Permalink to The Carryover Effect:  Lack of Blanks between tests leads to false positive or inflated BAC results

The Carryover Effect: Lack of Blanks between tests leads to false positive or inflated BAC results

Imagine. You go into your doctor’s office for a routine physical. As part of that routine physical, the doctor takes your blood. You come back two weeks later where the doctor delivers the single worst sentence you have ever heard in your life: “I’m sorry but you have cancer.” Then comes ever worse news from […]

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