Getting Breath Test Certified or Being Certifiable.

"The right of one charged with crime to counsel
may not be deemed fundamental and essential
to fair trials in some countries, but it is in ours."
Gideon v. Wainwright, 372 U.S. 335 (1963)

Tomorrow, I am traveling to Manchester, New Hampshire for two seminars being put on by the New Hampshire Association of Criminal Defense Lawyers. They are an Intensive Intoxilyzer Training (DataMaster Training and Certification Course), and A DUI Extravaganza. The quote above comes from their website home page. btw The Datamaster DMT is the Breath Machine used by the Ithaca Police Department, and many other upstate towns.

I am excited to go, and learn more about these machines. This morning I attended the Ithaca Court Pre-trial Conferences, (a PTC is a meeting between the defense attorney, prosecutor, and the Judge to see where the cases are headed ie. trial or plea). It is also a time to catch up with friends, share stories, and have some general camadarie.

I tried to share my enthusiasm over my pending trip with my fellow lawyers. They didn't get it! They could not understand why I was flying to Manchester, NH for four days for these seminars, but then again they do not get worked up over DWI defense. For many law practice is a job, is drudgery (as in Webster's: dull, irksome, fatiguing work, uninspired and menial labor) How sad is that! I have been inspired in and by both my careers (the first as a chiropractic physician and the second as a trial attorney). I am almost as excited about these seminars as I was to see Wolverine and Star Trek, but I'll save that for another blog.

You see I feel that the key to alot of DWI cases, is and has always been putting "THE MACHINE" on trial. This George Orwellian Machine that spits out a number, and casts a verdict of guilty. It insults my scientific background (yes, I have a BS in Human Biology) to have this mere "screening" device placed on a pedestal by the government, and their attorneys.

Anyway, I am off to become trained and "Certified" as a Breath Test Technician as by the Authority (I feel like Cartman with that word) of the US DOT (Department of Transportation). I already told my wife how lucky she will be to sleep with a "Certified" Breath Test guy upon my return. She is still laughing.

Why get certified? Why go to training? Why spend $2,500.00 + (seminar: $1650.00, air: $330.00, Hotel: $400.00, my growth and knowledge: Priceless), Why leave my family and practice for four days?

I'll tell you why.

This is from their brochure http://www.itd2.com/ :

"You need to understand the science and technology behind breath alcohol testing in order to offer your clients the best possible defense."

These are some of the Course Topics:

-Complete information on instrument operation, maintenance, and calibration
-Component systems of breath testing instruments-complete knowledge on how they work, and what can go wrong.
-Specificity of Breath Test Measurements
-Accuracy of testing procedures
-Pharmacology of alcohol absorption, distribution, metabolization, and elimination
-Learn to conduct a more thorough examination of breath alcohol testing procedures
-Become Certified in the operation of various breath testing devices

So you can see why I'd be amped about learning. I love to challenge authority, and the best way I know of doing just that is by being an authority.