Sunday, July 19, 2009

Chicago DUI lawyer says don't drive after eating ice ceram on National Ice Cream Day


July is National Ice Cream month and today, the third Sunday in July, is National Ice Cream Day. No I did not make that up just look here. Ice cream is a treat for everyone, especially during the long hot summer days, although Chicago has had a very cool summer and it isn't even hot down here in North Carolina today. That said, be careful about eating ice cream and driving. It could get you a DUI and, no I don't mean just avoid the rum raisin ice cream.


An Australian man challenged to prove his claim that icecream [sic] gave him a blood alcohol reading demonstrated his defense in court.

The man, whose name was not given, had asked Frankston Magistrates' Court to remove the breath testing alcohol interlock device from his car, the (Melbourne, Australia) Daily Sun reported Tuesday.

Prosecutors inquired why the machine had registered a "fail," which prevents the car from starting, despite the man's claims that he had not been drinking.

The man claimed the alcohol reading was the result of eating a Bubble O' Bill ice cream treat and Magistrate Rod Crisp ordered a test to be performed to back up the claim. Police recorded the man's blood alcohol content as 0.00 and performed the test a second time after he took a few bites of Bubble O' Bill, yielding a 0.018 reading.

Crisp granted the man's request to remove the breath testing device from his car.

Experts said consuming some foods or drinks before breath tests can cause a false positive reading. It is recommended that that [sic] test subjects wait at least 15 minutes in between eating and blowing into the machine.

Sometimes, you really don't have to consume drugs or alcohol to render false over-the-limit readings on these breath machines. Do you really want to rely on this type of technology when it comes to your freedom?

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973