Bourque Industries Inc (BORK)

[Flatcat]

Having served on a jury as foreman for exactly what has been talked about, I can assure that the tests are not all you might think. The calibration is at two points - 0 and 0.08! There is no data on what the test unit does between those two points or above 0.08. The assumption is that it is a linear function but there is no data on any of the machines! The test unit could have a negative second derivative or positive - the police don't know. A competent attorney will question this and raise reasonable doubt necessary. Conviction is enhanced if the other tests are failed but not necessarily.

A competent attorney will show that many people, who don't drink at all, cannot pass the "stand on one foot" test. Two of the people on the jury I served on stated that there was no way they could do that. The "walk the white line" test doesn't always work either - some people do not have that kind of balance for many reasons and further, the police do not always have a white line to lay on the ground. In our case the police told the suspect of an "imaginary" line on the pavement and failed him on it.

JB's case is likely not much different. It's scary how a person can be prosecuted for something so ill defined and ill administrated. There are few police that really know what they are doing. IMO most are convicted due to intimidation rather than the facts. In our case the suspect was very poorly represented.