One anatomical feature, lung size, depends on body size, age, gender and ethnicity. The breath alcohol test is biased against persons with smaller lung sizes. [PDF]
Description: Lung size and breathing patterns have a significant impact on alcohol breath testing. A bias exists against subjects with smaller lung sizes. Subjects with smaller lung sizes include women, older individuals and African Americans. Article by Michael P. Hlastala and Joseph C. Anderson. Everything being equal including blood alcohol content (BAC), the subject with the smallest lungs would have the highest breath alcohol content (BrAC).
NHTSA compares driving under the influence of drugs laws in the various states as part of its plan to errect arbitrary standards to find impairment where none exists. [PDF]
Description: NHTSA is back up to its old tricks of drumming up business. NHTSA now wants to put in arbitrary and scientifically baseless standards to convict drivers of driving under the influence of drugs for prescription medications. NHTSA's goal is to boldly go and find impairment where none exists.
Absorption, Distribution and Elimination of Alcohol: Highway Safety Aspects by Kurt M. Dubowski [PDF]
Description: Retrograde extrapolation is markedly inappropriate or useless without a great deal of basic information.
Breath test result is falsely increased due to dentures in mouth [PDF]
Description: Breath test result is falsely increased due to dentures in mouth

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Bob Keefer: Staunton Waynesboro Augusta County Virginia VA DWI DUI & Drunk Driving Lawyer representing those charged with DWI DUI & Drunk Driving in Staunton Waynesboro Augusta County Virginia VA:

On March 11, 2010, the National Highway Traffic Safety Administration (NHTSA) published a notice in the Federal Register that updates the Conforming Products List (CPL) of instruments that conform to the model specifications for Evidential Breath Testing Devices. [PDF]
Description: On March 11, 2010, the National Highway Traffic Safety Administration (NHTSA) published a notice in the Federal Register that updates the Conforming Products List (CPL) of instruments that conform to the model specifications for Evidential Breath Testing Devices.

The major changes to the udpated CPL list include four new instruments and an update to the mobility status of one existing instrument.

The following four instruments were added to the CPL:

- Alcotest 7510 [manufactured by Draeger Safety Inc., Irving, Texas]
- Alco-Sensor V [manufactured by Intoximeters, Inc. St. Louis, Missouri]
- Evidenzer [manufactured by Nanopuls AB, Uppsala, Sweden]
- Mark V Alcovisor [manufactured by PAS International, Fredericksburg, Virginia]

The following instrument's mobility status was updated to include 'mobile':

- Alcotest 9510 [manufactured by Draeger Safety, Inc., Irving, Texas]

As a reminder, only those instruments listed on the CPL without an asterisk (*) are authorized for use in confirmation testing in the DOT alcohol testing program [see §40.231].

You can view the udpated CPL by downloading the attached PDF or visiting our home page http://www.dot.gov/ost/dapc/
The EC IR II requires a 1.5L sample; if you cannot provide it you are given a deficient sample and probably deemed a refusal. [PDF]
Description: Attached is a letter by Mac Forester that was written to NHTSA back when the new model specs were written that required a minimum of 1.1 liters. Mac's letter addresses that some people cannot provide that much breath for various reasons including some he lists. This letter should be available thru NHTSA if you need something "more official" than an email attachment.

Interesting in light of the fact that they are setting states up with 1.5L sample requirements. The EC IR II is sensitive to breath volume and stops the test if the volume is insufficient. The EC IR II requires a 1.5L sample; if you cannot provide it you are given a deficient sample and probably deemed a refusal.
The breath test machine is based on the concept that the deep lung air contains alcohol at a specific ratio to the alcohol in the blood. Whether that is correct or not is not important because the deep lung air is never present in the mouth to be tested. [PDF]
Description: Dr. Hlastala article "Padigm Shift for the Alcohol Breath Test" is published on pages 451-456 of the Journal of Forensic Sciences (Vol. 55, No. 2, March 2010. The alcohol breath test devices are based on the old model that assumes that end-exhaled breath alcohol concentration is closely related to alveolar alcohol concentration; a model that is no longer acceptable. The airway tissue interaction mkaes it impossible to deliver air with alveolar alcohol concentration to the mouth.
False Positive Breath Alcohol Test after Ketogenic Diet [PDF]
Description: Under certain circumstances acetone is reduced in the body to isopropaol by hepatic oxidation. This isopropanol registers as ethanol with fuel cell breath alcohol detectors. High protein diets can cause the production of isopropanol in patients. This isopropanol cannot be distinguished from ethanol by fuel cell devices like the EC/IR II.
Bob Keefer: Virginia breath test refusal due to deficient sample readings on the EC/IR II. [PDF]
Description: Deficient Sample -- Subject did not meet the minimum requirements for a proper breath sample.

Minimum Breath Sample and Flow Drop: When a breath sample is being provided, the requirements for minimum flow rate (0.2L/second, 12 L/minute) and minimum volume (1.5 litre) must be met prior to the sample being accepted.

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Bob Keefer: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving:

Attached is a 2003 study called “Nystagmus Testing in Intoxicated Individuals”. Page 2, paragraph 6 reads: “Virtually all normal individuals can make smooth pursuit eye movements to track targets up to 30deg/sec…. If a target moves too quickly for the smooth pursuit system to track accurately, brief catch-up saccades will be interposed……and the eyes will been seen to jerk as they follow the stimulus.” [PDF]
Description: Attached is a 2003 study called “Nystagmus Testing in Intoxicated Individuals”. Page 2, paragraph 6 reads:

“Virtually all normal individuals can make smooth pursuit eye movements to track targets up to 30deg/sec…. If a target moves too quickly for the smooth pursuit system to track accurately, brief catch-up saccades will be interposed……and the eyes will been seen to jerk as they follow the stimulus.”
Bloodshot eyes are no longer considered to be a clue of impairment by alcohol. There are just too many other causes in the normal environment. See attachment E. page 10 of the NHTSA publication: "The Detection of DWI at BACs Below 0.10." [PDF]
Description: Bloodshot eyes are no longer considered to be a clue of impairment by alcohol. There are just too many other causes in the normal environment. See attachment E. page 10 of the NHTSA publication: "The Detection of DWI at BACs Below 0.10."
DUI/ DWI Arrest Survival Guide: The Guilt Myth (Second Edition) by Bob Keefer, Esquire and Bob Battle, Esquire [PDF]
Description: DUI/ DWI Arrest Survival Guide: The Guilt Myth (Second Edition) by Bob Keefer, Esquire and Bob Battle, Esquire

The book that gives you a fighting chance to get a good result from a DWI charge in Virginia.
Opioid Pharmacokinetics and Expected Metabolites Chart [PDF]
Description: Opioid Pharmacokinetics and Expected Metabolites Chart
The actual location of Virginia's EC/IR IIs by serial number and location as of November 4, 2009. [PDF]
Description: The actual location of Virginia's EC/IR IIs by serial number and location as of November 4, 2009.

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Bob Keefer: Waynesboro Augusta County Virginia VA DWI DUI & Drunk Driving Lawyer representing those charged with DWI DUI & Drunk Driving in Waynesboro Augusta County Virginia VA:

Intensity of odor of an alcoholic beverage does not correspond to the level of blood alcohol content. Strong smell does not mean high blood alcohol content. [PDF]
Description: Intensity of odor of an alcoholic beverage does not correspond to the level of blood alcohol content. Strong smell does not mean high blood alcohol content.
Intensity of odor of an alcoholic beverage does not correspond to the level of blood alcohol content. Strong smell does not mean high blood alcohol content. [PDF]
Description: Intensity of odor of an alcoholic beverage does not correspond to the level of blood alcohol content. Strong smell does not mean high blood alcohol content.
Intoxilyzer SD-5 User's Guide. The instructions and operator's manual for this hand held PBT. [PDF]
Description: Intoxilyzer SD-5 User's Guide. The instructions and operator's manual for this hand held PBT.
Should all new cars come equipped with an alcohol breath test device? What happened to innocent until proven guility? [PDF]
Description: Should all new cars come equipped with an alcohol breath test device? What happened to innocent until proven guility?
Virginia Attorney General Brief conceding that certificates are testimonial under Melendez-Diaz. [PDF]
Description: Virginia Attorney General Brief conceding that certificates are testimonial under Melendez-Diaz.

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Bob Keefer: Harrisonburg Rockingham County Virginia VA DWI DUI & Drunk Driving Lawyer representing people charged with DWI DUI & Drunk Driving in Harrisonburg & Rockingham County Virginia:

Hypoglycemia can cause horizontal gaze nystagmus HGN. HGN is incorrectly used to establish a probability that a person's BAC is .08 or more thus giving probable cause to arrest for DWI/DUI. [PDF]
Description: See the yellow marked section in the attached paper. Hypoglycemia (low blood sugar) is a common finding among diabetics, and diabetes is a common disease. HGN is completely unreliable as a roadside test administered as one of the SFST tests in a DUI investigation, and should be vigorously opposed in every case. Forensic evidence MUST contain proof to the EXCLUSION of other causes, especially common causes. HGN does not meet any minimum threshold of reliability as used in the context of a DUI investigation.
DUI Standardized Field Sobriety Evaluations convict 93% of innocent drivers [PDF]
Description: Medical Doctor Greg Kane, MD reveals the dishonesty behind the National Highway Traffic Safety Administration (NHTSA) standardized field sobriety evaluation (SFSTs) validation studies. In his article "Crying Wolf: What never before published data proves about Standardized Field Sobriety Testing," Trial Talk, August/September 2008, Dr. Kane analyzes the raw data from NHTSA validation studies and discovers what lawyers practicing in the DWI field have always known -- these tests fail almost everyone. First, for drivers at the 0.04 blood alcohol content (BAC), the raw validation study data indicates that only 7% of field testing results are accurate. This means that DUI field testing convicts 93% of innocent drivers. The raw data suggests for drivers with blood alcohol content under 0.08 DUI police officers guess of blood alcohol content was correct 71% of the time and convicted 29% of innocent drivers. By comparison, for drivers under 0.08 blood alcohol content, field sobriety tests were only 29% correct in their estimation of BAC and standardized field sobriety tests convicted 71% of innocent drivers.
Virginia's ECIR II's by serial number and location [PDF]
Description: A list of Virginia's new breath testers by serial numbers and locations
HGN Study: The Robustness of HGN [PDF]
Description: Recent study showing problems with HGN.
Virginia Intoxilyzer 5000 Operator's Manual -- Department of Forensic Science [PDF]
Description: Virginia Intoxilyzer 5000 Operator's Manual -- Department of Forensic Science

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Bob Keefer: Charlottesville Albemarle County Virginia VA DWI DUI & Drunk Driving Lawyer helping persons charged with DWI DUI & Drunk Driving in Charlottesville & Albemarle County Virginia:

Charlottesville DWI DUI Lawyer Bob Keefer: Virginia has chosen a breath tester that discriminates against diabetics. [PDF]
Description: Diabetics are subject to false positives from Virginia's new alcohol breath test device. These false positives increase the likelyhood that an innocent person will be convicted of DWI DUI in Virginia.

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Bob Keefer: Virginia Reckless Driving & Speeding Ticket Lawyer representing people charged in Virginia, Harrisonburg, Staunton, Woodstock, Waynesboro, Rockingham County, Augusta County, Shenandoah County with Reckless Driving & Speeding Tickets:

The Shocking Truth about Virginia Reckless Driving by Speed Charges [PDF]
Description: The Shocking Truth about Virginia Reckless Driving by Speed Charges
National Group sharing speed trap information
Description: The police may be out in the open, hiding behind bridge abutments, or passing overhead in an airplane. Driver after driver is issued a speeding ticket that results in exorbitant fines, points on their driver's licenses and insurance surcharges. If only there was a way you could share your knowledge of speed traps, in exchange for the speed trap knowledge of others. Well, now there is!
Why you need Attorney Bob Keefer for VA Traffic Violations... especially Reckless Driving.

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Bob Keefer: Virginia Speeding Ticket Lawyer Bob Keefer:

Bob Keefer: Virginia Speedingt Ticket Lawyer: Kustom Signals Golden Eagle Radar Operator's Manual [PDF]
Description: Kustom Signals Golden Eagle Operator's Manual

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Bob Keefer: Virginia Serious Injury Tractor Trailer Accident Lawyer representing persons seriously injured in Virginia Tractor Trailer Interstate Crashes:

Virginia Tractor Trailer Accident Lawyer Bob Keefer: Powerpoint setting out causes of large truck accidents
Description: Powerpoint separating fact from fiction as to causes of large truck collisions
Lynchburg Tractor Trailer Accident Lawyer Bob Keefer: See Federal Report to Congress on causes of large truck crashes [PDF]
Description: NHTSA report to congress setting out large truck crash causation
Virginia Interstate Tractor Trailer Accident Lawyer Bob Keefer: Learn why Large truck Crashes happen
Description: The Large Truck Crash Causation Study (LTCCS) is based on a three-year data collection project conducted by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) of the U.S. Department of Transportation (DOT). LTCCS is the first national study to attempt to determine the critical events and associated factors that contribute to serious large truck crashes. The intent is to allow DOT and others to effect effective countermeasures to reduce the occurrence and severity of these crashes.
Virginia Tractor Trailer Accident Lawyer Bob Keefer: See Large Truck Crash Causation Study
Description: The Federal Motor Carrier Safety Administration has posted the database from its Large Truck Crash Causation Study (LTCCS). FMCSA will conduct its own analysis as well as sponsor non-governmental organizations interested in analyzing the study results. The data from the study, along with the original report to Congress, data tables, and other study information, may be downloaded in several formats from the LTCCS Web site.
Federal Motor Carrier Safety Administration
Description: Federal Motor Carrier Safety Administration

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Bob Keefer: Managing Virginia Serious Injury claims from Virginia Auto Accidents:

The American Head and Neck Society
Description: The American Head and Neck Society advocates improving prevention, diagnosis, treatment, and rehabilitation of neoplasms and other head and neck diseases.
American Auto Institute
Description: American Auto Institute was started in 1991 to generate well trained automotive technicians.
American Association of State Highway and Transportation Officials
Description: The American Association of State Highway and Transportation Officials is made up only of government officials.
The American Association of Motor Vehicle Administrators (AAMVA)
Description: The American Association of Motor Vehicle Administrators (AAMVA), started in 1933, is an organization that designs programs for use in motor vehicle administration, law enforcement and traffic safety.
The American Academy of Otolaryngology-Head and Neck Surgery (AAO-HNS)
Description: (AAO-HNS) is the world's largest organization representing physicians who treat the ear, nose, throat, and related structures of the head and neck. Treated conditions include ear infection, sinusitis, snoring, sleep apnea, hearing loss, allergies, hay fever, swallowing disorders, nosebleeds, hoarseness, dizziness, head cancer and neck cancer.

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Bob Keefer: Representing people charged with Possession of Marijuana Possession in Virginia:

James Madison University Marijuana Possession Defense Attorney Bob Keefer: greater body fat means longer presence of THC in urine [PDF]
Description: Attached is a U.S. Military database of anthropomorphic data on military personnel.

Any (non-obese) typical adult has plenty of body fat to store THC for prolonged excretion into the blood thus conversion to carboxy-THC and prolonged excretion and detection in the urine.

The greater the body fat, the greater the potential for prolonged formation and excretion of carboxy-THC into the urine.
JMU Marijuana Possession Lawyer Bob Keefer: Marijuana will show up in urine tests for as much as 77 days after last use [PDF]
Description: Urine positive marijuana metabolites in a group of sequestered patients for as long as 77 DAYS after last use.

Once again, urine positive drug testing results CANNOT determine when a drug was taken, how it was taken, and can never determine what effect the drug may have had on a person.
Staunton DUI Lawyer Bob Keefer: Developing limits for driving under cannabis [PDF]
Description: staunton marijuana possession defense lawyer, james madison university marijuana possession defense lawyer

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Bob Keefer: Virginia Nursing Home Abuse and Neglect Lawyer representing people who have been abused and neglected in Virginia Nursing Homes:

Harrisonburg Nursing Home Abuse and Neglect Lawyer Bob Keefer: National rating system for Nursing Homes
Description: List of Nursing Homes in the United States.

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Library:

The Consumer Law Group
Description: The Consumer Law Group was founded on our strong belief in and support of the tenets of the free enterprise system. We believe that manufacturers, businesses, contractors, entrepreneurs and sellers have the right to pursue a profit for the goods and services they offer. We also believe buyers and consumers should have many options available to them when making a purchase for goods and services. When competition among sellers thrives, an educated consumer wins. In our view, ensuring consumer satisfaction is the ultimate purpose of a strong free enterprise system.
Virginia Board of Medicine Practioner Information
Description: The following information contained in this database is provided from the records of the Board of Medicine.

Licensee name
License number
Date of issue
Date of expiration
Any Virginia Board of Medicine Notice or Order
The Department and the Board have taken measures to assure that the above information reflects information contained in records that it maintains consistent with its statutory responsibility to doctors of medicine, osteopathy, and podiatry.

The following information is required to be self-reported by licensees under penalty of law. This information is not verified by the Board. The Department and the Board have the authority to investigate reported inaccuracies in the displayed information and if warranted, seek correction and effect licensee compliance with the law and regulations governing the practitioner information system.
Check out your hospital
Description: Find comprehensive quality reports on hospitals in your area including:

Extensive information on relevant procedures and medical conditions
Average length of stay
Price comparisons to financially plan for your healthcare
Virginia Constitution
Description: Virginia Constitution
Families against Mandatory Minimums
Description: Mandatory minimum sentencing laws require harsh, automatic prison terms for those convicted of certain crimes, most often drug offenses. Congress enacted mandatory minimums in 1986 and toughened them in 1988 to apply to drug conspiracies and certain gun offenses. The sentence is determined solely by the weight and type of drug, or the presence of a firearm during a felony offense.

Congress enacted mandatory minimum sentencing laws to catch drug “kingpins” and deter drug sales and use. But the laws undermine the American tradition of justice by preventing judges from fitting the punishment to the individual’s role in the offense. Because of mandatory sentencing laws, the population of federal prisons has soared and they are filled with low-level, nonviolent drug law violators – not the “kingpins” mandatory sentences intended to apprehend.

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General:

December 31, 2007 Memorandum from Colonel Flaherty regarding uniform procedures for speed enforcement with RADAR, LASER, and VASCAR. [PDF]
Description: Memo to all sworn Virginia State Police Officers: From Colonel W. Steven Flaherty: Speed Enforcement: Radio Detection and Ranging (RADAR); RADAR Detection Enforcement; Lght Amplification by Stimulated Emission of Radiation (LASER); Visual Average Speed Computer and Recorder (VASCAR)
As enforced against red solo cups the Harrisonburg open container ordinance is invalid.
Description: Harrisonburg has chosen to enforce an invalid ordinance to target JMU students holding red solo cups.
Bob Keefer: Cutting Edge Report on the falibility of the standardized field sobriety tests (sfsts): they simply do not work. [PDF]
Description: The science proves the standardized field sobriety tests do not work. This article by Greg Kane, M.D. is very disturbing because it documents what many of us have feared: the field sobriety tests essentially find everyone impaired even the innocent.
Bob Keefer: Virginia DWI Lawyer: HGN is a flawed practice. [PDF]
Description: HGN was not properly tested and was not subjected to peer review, the scientific scrutiny that provides the checks on "junk science".
Shenandoah County DWI DUI Lawyer Bob Keefer: Virginia's breath tester discriminates against diabetics. [PDF]
Description: Virginia chose a breath tester that can give false alcohol readings against diabetics.