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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 11-03-2012, 02:41 PM   #1
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Applying for IRP Review

Hey everyone,

Recently, I was stopped at a roadblock and asked to take a breath test. I had been drinking maybe 4 hours earlier. I felt fine, I walked fine, the officer questioning me believed that I was sober but he needed to confirm.

I ended up blowing a warn. The officer asked me to go back to my car, came back 5 minutes later and told me I had the right to second test, which I did and blew a warn again.

This was my second offense in a 5 year period ( first time I blew a warn when I slept in my car .. at that point I didn't know that sleeping in the car was considered in control of the vehicle), so I was issued a 7 day driving prohibition and my car was impounded for 7 days as well.

I was wondering if anyone has any experience with submitting an IRP review, or if anyone could give me any insight. The only issue I had with the breath test was that less than 5 minutes before receiving the breath test, I had gone to 7-11 and ate two hot dogs and had something to drink, and undoubtedly, I had burped multiple times, between both tests as well. At this point, I did not know that burping could have an affect on the ASD readings, so I did not mention this to the officer. The officer administered the first breath test immediately, then left me alone inside my car, and administered the second test a short while later

I was planning to apply for a review under the:

The result of the ASD test was not reliable.
The ASD registered a WARN but your blood alcohol content was less than 0.05

Any insight greatly appreciated.
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Old 11-03-2012, 11:45 PM   #2
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You blew a warn and then did the same a second time. Unless you burped immediately before both tests and that left you with residual alcohol in your mouth as the test began, I can't see how the readings were both wrong. I'm sure you were under observation before the tests were administered and part of that observation period consists in monitoring you for burping immediately before testing.If you did during the pre-test observations you would not have been immediately given the tests. You would need to have compelling evidence that both tests were incorrect to convince the review board that they were both wrong. If you want legal advice on technical legalities then consult a lawyer. Only then, with all true facts available, can you make an informed decision.
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Old 11-05-2012, 12:03 AM   #3
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Burping could affect the reading, but u dont have a leg to stand on if ur hoping that will win u the case. The only thing u can possibly fight is if the breathalzyer wasnt calibrated within the proper amount of time or the breathalzyer calibration was dated improperly.

The New Drunk driving laws were introduced 2 years ago basically i believe. So if u had a warning in the past b4 that, it doesnt count against u and this should be ur first warn.
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