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Ask and answer questions regarding criminal litigation
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Can results from a portable breathalyzers (PBT), be used as evidence in court on a DUI/DWI charge?
The answer is… NO. They can only be use to establish “probable cause”, for further testing.(citing the National Highway Traffic Safety Administration website)
There are two main categories of breath test devices used by law enforcement: evidential breath test devices (EBTs) and preliminary breath test devices (PBTs). PBTs, also known as screeners, are hand-held devices used at the roadside by officers in their investigation to determine if there is probable cause for an arrest. EBTs are State-approved, conform to established specifications, and can be portable or stationary. The results from EBTs can be used as evidence in court.
https://www.nhtsa.gov/book/countermeasures-that-work/alcohol-impaired-driving/countermeasures/enforcement/alcohol-
Thank you, Jerome.
Anything Relevant, Reliable, Credible, Competent, not Privileged, and not Prejudicial can be used in court as evidence.
This is explained fully in our class on Evidence that we make easy for people to understand.
We use the mnemonic “Rapid Rabbits Can Catch Pokey Penguins” to remember those 6 fact filters.
R R C C P P
Where else can one learn these things this easily?
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