October 9, 2008
DUI Breath Tests: The audacity of corporate America
The quote below is attributed to Tucson DUI Attorney James Nesci as reported by the Citizen. Mr. Nesci is talking about how the company that manufactures the Intoxilyzer breath test machine (that is used to convict people of DUI
in Arizona) plays fast and loose with the law in Arizona. They allegedly dodge subpoenas, ignore court orders and are not registered to do business in Arizona.
In CMI's mind, this may all amount to a hill of beans since they have been given essentially "sweetheart" contracts by Arizona, and enjoy a monopoly here. CMI has every right to feel that it can operate above the law in Arizona, because for years they, essentially, have.
But as more and more town and cities in Arizona switch to blood testing, CMI's flawed products are starting to collect dust. My prediction is that at the end of the product life-cycle for the latest version, the Intoxilyzer 8000, bureaucrat and politicians will think twice before subscribing to this company's next incarnation of machinery.
Quoted from http://www.tucsoncitizen.com/daily/local/99046.php:
"It bespeaks an astonishing degree of hubris for a Kentucky corporation that designs and markets a device specifically designed to produce evidence for use against Arizona citizens, in Arizona's courts, to believe that it can escape the reach of Arizona's courts by operating in violation of Arizona state law," Nesci wrote in his motion.
A special thanks to Frank Wilson for pointing this artlice out to me.















































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