The case of Massachusetts State Senator Anthony Galluccio, sentenced to 1 year in jail for violating probation, leaves a number of questions unanswered. The Senator violated the terms of his probation by failing an in-home breath test alcohol monitoring system. But the circumstances are unusual, and questions about the device that sunk him, remain.
The home confinement and probation was after a plea in a hit and run case, where the Senator fled from the scene after an accident. Before the hit and run incident, he was allegedly seen to be drunk 12 hours earlier. Galluccio also as at least 2 prior drunk driving convictions.
The case itself ultimately resulted in jail time and resignation from the Massachusetts State Senate.
Breath Test Monitoring Device Shrouded in Mystery
The breath test device, known as a Sobrietor, works first by making a voice print match, and then measuring breath alcohol, and transmitting the data back over a phone line.
But how does it actually measure alcohol consumption? How is it tested? Is it possible that it could generate these kinds of false positives?
The sobrietor technology itself is kept secret. In fact, like most breath test devices, it’s impossible for most people to get their hands on one.
The supposed reason for this secrecy is that if it is studied, people will try to find a way around it and game the device. But the flipside is that no one really knows how reliable it is and what it’s flaws might be.
The Boston Herald tried to do a simulated test based on Galluccio’s toothpaste/mouthwash argument with an entirely different device. The results suggested that these kinds of false positives didn’t happen, but again, it’s not even the same machine.
Most Likely Vs. Reasonable Doubt
It’s common sense to conclude that the most likely scenario is that the (former) Senator did consume alcohol and fail the test. If so, he’s probably a serious alcoholic.
But the courts don’t operate on a principal of common sense, or most likely. They operate on reasonable doubt and innocent until proven guilty.
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