Breaking News on the DMV/DUI Front

SANTA CLARA COUNTY has dropped the Intoxilyzer 5000 effective immediately. The countyÕs new breath test instrument of choice: the 7110 ALCOTEST, manufactured by National Draeger, Inc., of Pittsburgh, PA. Unlike the Intoxilyzer 5000 and all other California breath test instruments now in use, the 7110 instrument utilizes a 9.5 micron range of infrared analysis, rather than 3.4 microns. The familiar "slope detector" (with all of its limitations), the statutorily required conversion ratio, and an acetone interference indicator are incorporated into the model 7110. Interesting note: Because the 7110 utilizes a "cash register" receipt-type printed result and requires a check list "check-off" by the operator -- including a "time first observed" indicator entered on the printout by the operator -- it could easily time and record the 15 minute observation period required by 17CCR ¤1219.3, but the county protocol has elected not to incorporate this feature, favoring the familiar "time first observed" hand written notation format now found on most Intoxilyzer 5000 DOJ printout forms.

As of this writing, Draeger has apparently refused to train defense experts on its 7110 model -- ostensibly, one may observe, to limit expert testimony as to the modelÕs limitations and/or defects, if there be any [why is that every new instrument is claimed by its manufacturer to be wholly without fault (SEE e.g. People v. Conterno (1959) 170 Cal.App.2d Supp.817, 826-827; Intoximeters, Inc. v. Evelle J. Younger (1975) 53 Cal.App.3d 262, 125 Cal.Rptr. 864 (Intoxilyzer 4011A); Query: What happened to the breathalyzer 2000?)]. Consequently, there are few California forensic toxicologist/criminalists who currently have sufficient background or training to qualify on the Draeger 7110; however, one notable exception is Anne ImObersteg (formerly, and for 18 years, of Santa Clara County Crime Lab). Anne has been trained and certified on the 4110 ALCOTEST, is available, and may be reached at www.toxexpert.com.

THE GOURLEY GURNEY JOURNEY

Finally the long vacant (Does anyone remember Sally Reed? No, Ed, not Sally Rand) post of Director, Department of Motor Vehicles, has been filled by a former city councilman from Culver City, who also happens to be a securities attorney and, of course, a BIG Gray Davis supporter. Lets put our hands together in a nice welcome for the newest Director: Mr. STEVEN GOURLEY. Hey, Steve, before you begin your search for a new appointment and after the DirectorÕs traditional twelve-month "get acquainted" period, you may want to take a look at the Division of Driver Safety where:

• The staff is overworked, often ill-trained, and wholly demoralized at virtually at every level (except, of course, upper management).



• Caseload delays are at epidemic proportions and rising (only the DepartmentÕs "spin doctors" are current on their stats).



• As a substitute for training, individual Managers are issuing informal directives reflecting their individual biases and relative levels of competence on matters requiring statewide uniformity.



• Due process violations occur daily at every level with no adequate means, short of expensive litigation, to stem the flow of growing public discontent.

The patient is hemorrhaging on the gurney to ER. Dr. Gourley report to DMV. STAT!