The Newest Instrument produced by CMI with all the options and bells available. However, the Nassau County Police Department, unlike other Police Departments in the State and Nationwide, has decided against using it as designed. In fact, they have either disabled it safeguards that come as standard or have instructed CMI the manufacturer to disable this safeguards at the factory. It is beyond belief that the NCPD would spend a small fortune, to purchase this machine, yet request that all the safeguards not be installed, in fact be removed.
To Begin with this instrument is capable of doing two tests on a single test sheet which is a feature that the NHSTA requires all instruments to have, however the Nassau County Police Department has instructed the manufacturer CMI to disable this function in the software when it comes to being used on DUI suspects. The reason for this, is so there witnesses cant be cross examined as to there failure to use said safeguard. They machine still has the capability to run multiple tests on several samples in when the police run their “Accuracy Check” during their monthly or bimonthly maintenance checks.
Another safeguard that is disabled in Nassau County, Suffolk County, and most other Police Agencies in New York is a printed graph, that plots the rate of Airflow from a person delivering a Breath Sample vs Rising Breath Alcohol Content. This is a necessary safeguard because it helps ensure that the sample taken is an accurate indicator of a person true blood alcohol content rather than a result of contaminates. Technical supervisor frequently take the position that it is not necessary, one even in confided in me that too much information will confuse the jury!!! In fact, a experienced defense attorney can review this graph and point out any flaws that may call into questions as to whether the sample is an accurate indicator of a person blood alcohol content, or the result of operator error, improper testing procedures, fabricated results, or trace contaminates. That is the reason behind its design, however, the Nassau Police Department refused to use this option, or like the duplicate testing mode, has had CMI disable it. Coupling this with Nassaus’ and many Police Departments refusal to videotape the actual breath tests sequence and results calls into question the reliability and legitimacy of any reading that is produced.