Court: daylight saving time not an issue

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A trial judge shouldn't have suppressed a drunk-driving breath test on grounds that a time change interfered with the prosecution, the Indiana Supreme Court ruled today on an issue of first impression.

Deciding on State of Indiana v. Jason Cioch, No. 79S05-0902-CR-00092, justices unanimously found that Tippecanoe Superior Judge Michael Morrissey erred when he suppressed the prosecution's evidence on a traffic infraction and two drunk-driving misdemeanors from the late 2007 incident.

On Nov. 10, 2007, Purdue University Police Department officers stopped Cioch for traveling in the wrong direction on a one-way street and suspected he was driving while intoxicated. Another certified officer used a B.A.C. Datamaster to administer the test, but he noticed the device hadn't been adjusted to reflect the daylight saving time change the previous Sunday. He contacted several other law enforcement agencies but couldn't find a breath test instrument with the correct time. As he couldn't change the time himself, the officer administered the test and one of the other officers noted the time difference in his incident report - both were within three hours of the officers stopping Cioch.

The tests showed his alcohol level was 0.08, but Cioch moved to suppress the results because of the DST difference. The trial judge granted the motion because of the inaccurate time stamp on the breath test printout, finding that prosecutors failed to meet their burden of establishing an adequate foundation for admitting the evidence. The Court of Appeals affirmed in a not-for-publication memorandum opinion in December.

Noting that Indiana courts haven't yet discussed the accuracy of the time stamp relating to test-result reliability, justices turned to caselaw from the Missouri Court of Appeals that held an inaccurate time stamp isn't evidence of a malfunction or faulty finding.

The Cioch case presents nothing to show that the certified breath test administrator did anything wrong or endangered the test reliability, Indiana's justices noted, adding that Cioch's best authority for his position comes from State v. Johanson, 695 N.E.2d 965 (Ind. Ct. App. 1998), where the appellate court affirmed a trial judge's suppression of test results where the machine printed out a blank ticket and the operator wrote all the test information by hand from what he saw on the screen.

"Without reflecting on whether that was adequate ground for suppression, we think the officer's action in this instance, noting a Daylight Savings difference, raises only a de minimus concern about the accuracy of the test results," Chief Justice Randall Shepard wrote. "We hold that the evidence is admissible."


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.