Ramsay & DeVore, P.A. - Attorneys at Law

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RAMSAY BECOMES CERTIFIED INTOXILYZER BREATH TEST OPERATOR

Charles Ramsay attended and successfully completed an Intoxilyzer Breath Alcohol Testing course November 10-12, 2006. With completion of this course, Ramsay along with another, become the first Minnesota criminal defense attorneys who have obtained the same education as the experts who testify for the Minnesota Bureau of Criminal Apprehension in DWI trials.

The course addressed the history and principles of breath alcohol testing, Intoxilyzer 5000 principles of operation, pharmacokinetics of alcohol, roadside screening devices (preliminary breath test or PBT), component systems of the Intoxilyzer 5000, Intoxilyzer 5000 operations, accuracy of the Intoxilyzer 5000, and specificity & interferents.

Participants also ran tests on the Minnesota model of the Intoxilyzer 5000EN with the same source code that is used by the police in Minnesota. Not surprisingly the machine did not work as advertised. Among the machine’s failures:

1. It did not detect mouth alcohol. This results in a reported breath alcohol concentration much higher that the person’s actual alcohol concentration. Those with gastric reflux issues (G.E.R.D.) or who burp or belch before giving a sample are not treated fairly and may be unfairly accused of having an alcohol concentration well over their actual alcohol concentration. The state claims the machines’ "slope detector" will flag such a problem, but we confirmed the detector does not work as claimed. In fact, top forensic scientists agree that these devices are entirely unreliable and cannot be relied upon.

2. The Intoxilyzer 5000 does not subtract interferents such as Isopropanol and Acetone. These compounds have a similar molecular structure as alcohol. Although the machine may identify the presence of such substances, it does not fully subtract the amount of the added "alcohol" on the driver’s breath. Those with diabetes or who have endured prolonged exposure to such substances as paint fumes, solvents and numerous chemicals are adversely affected.

3. Confirming what Chuck Ramsay has proved in court, the machine can be greatly affected by the manner in which the subject blows into the Intoxilyzer. By hyperventilating, blowing at a minimal rate and giving a minimal volume of air, a person can lower the reported alcohol concentration by at least 50%. Conversely, officers attempt to obtain the highest reading by having the person hypoventilate and completely empty their lungs. This will raise the reported alcohol concentration by as much as one-third.

Using the text, "Intoxilyzer Breath Alcohol Testing - Professional Edition" by Jan Semenoff – the definitive guide to breath alcohol testing using Intoxilyzer products – The program has been accredited by the Criminal Law Specialty Committee of the Law Society of Upper Canada for 26 hours towards the professional development requirement for certification. Click here for more information...

Ramsay believes that in order to be the best attorney possible, one must be on the cutting edge of technology and the law. In order to do so, attorneys must have the same training and education as the professional witnesses they cross examine in court. Ramsay continues to show that he stands by this principle.

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The Attorneys of Ramsay, DeVore & Bennerotte, P.A. serve clients throughout greater Minnesota and the Twin Cities. The communities and counties we serve include Hennepin County, Ramsey County, Anoka County, Chisago County, Dakota County, Milaca County, Aitkin, County, Washington County, Carver County, and Scott County, St. Louis County, Rice County, Goodhue County, Sherburne County, Pine County, Wright County, Isanti County, Kanabec County, Afton, Albertville, Andover, Annandale, Anoka, Apple Valley, Arden Hills, Bayport, Becker, Belle Plaine, Benson, Lake, Blaine, Bloomington, Brooklyn Center, Brooklyn Park, Buffalo, Burnsville, Cambridge, Centerville, Champlin, Chanhassen, Chaska,Chisago, Circle Pines, Columbia Heights, Coon Rapids, Corcoran, Cottage Grove, Crystal, Dayton, Delano, Eagan, East Bethel, Eden Prairie, Edina, Elk River, Falcon Heights, Faribault, Farmington, Forest Lake, Fridley, Glencoe, Glenwood, Golden Valley, Grant, Ham Lake, Hastings, Hopkins, Hugo, Hutchinson, Independence, Inver Grove Heights, Jordan, Lake Elmo, Lakeville, Le Sueur, Lindstrom, Lino Lakes, Litchfield, Little Canada, Little Falls, Mahtomedi, Mankato, Maple Grove, Maplewood, Medina, Melrose, Mendota Heights, Milaca, Minneapolis, Minnetonka, Minnetrista, Monticello, Mora, Mound, Mounds View, New Brighton, New Hope, New Prague, New Ulm, Newport, North Branch, North Mankato, North Oaks, North St. Paul, Northfield, Norwood Young America, Oak Grove, Oak Park Heights, Oakdale, Olivia, Orono, Otsego, Owatonna, Plymouth, Princeton, Prior Lake, Ramsey, Red Wing, Redwood Falls, Richfield, Robbinsdale, Rochester, Rockford, Rogers, Rosemount, Roseville, Savage, Shakopee, Shoreview, Shorewood, South St. Paul, Spring Lake Park, Spring Valley, St. Anthony, St. Cloud, St. Francis, St. James, St. Joseph, St. Louis Park, St. Michael, St. Paul, St. Paul Park, St. Peter, Stillwater,Vadnais Heights, Victoria, Wabasha, Waconia, Waite Park, Waseca, Watertown, Wayzata, West St. Paul, White Bear Lake, Willmar, Winona, Woodbury, Wyoming, Zimmerman, Zumbrota

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