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Old 21-01-2009, 08:09 AM   #1
maccamom
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Default I wonder how many will try this excuse now?

Only in Frankston.....

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A MOTORIST has licked any doubts about his claim that an ice cream gave him a blood alcohol reading.
A magistrate yesterday ordered him to buy and eat the offending confection to test his assertion that a Bubble O' Bill had given him a reading when he blew into his alcohol interlock device.
After a few bites the man recorded a blood alcohol concentration of 0.018.
The experiment took place after the driver applied to Frankston Magistrates' Court to have the interlock device removed from his car.
The prosecutor had queried why the machine had recorded a "fail", which stops the user starting their car.
But the man was adamant he had not been drinking and that the reading was caused by the Bubble O' Bill he had eaten when he stopped at a service station.
Magistrate Rod Crisp told the driver to put his claim to the test by heading across the road to buy one so police could check his story. A police officer conducted a preliminary test that confirmed he was 0.00.
The man consumed part of the icy treat, then police tested him again.
The reading of 0.018 was duly reported back to Mr Crisp, who granted the driver's application to have the device removed.
The man had not waited the recommended 15 minutes after eating or drinking before blowing into the machine.
The devices can record readings for alcohol when some food or drink residues are still present in the mouth.
Victoria runs one of the world's biggest interlock programs, said VicRoads spokeswoman Mary Fall.
"Thousands of trips where someone might have driven under the influence of alcohol have been prevented from interlock devices," she said.
"We certainly see them as an effective tool in terms of stopping drink driving."
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Old 21-01-2009, 08:53 AM   #2
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hahah! why would a bubble-o-bill give an alcohol reading at all?
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Old 21-01-2009, 08:56 AM   #3
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thats gold, only i frakston for sure,haha
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Old 21-01-2009, 09:01 AM   #4
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I believe that the reading can be affected by the residue of some foods, not an actual alcohol content - thats why you (allegedly) have to be given 20 minutes and tested again if you get pulled over and tell them you have just eaten or had a drink
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Old 21-01-2009, 09:12 AM   #5
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I didn't even know you could still buy bubble o bills...
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Old 21-01-2009, 09:24 AM   #6
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Quote:
Originally Posted by FalconXR6
I didn't even know you could still buy bubble o bills...
me either. thats an awsome story tho. nice find
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Old 21-01-2009, 09:54 AM   #7
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mmm, bubble o bill. that takes me back to 1989.
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Old 21-01-2009, 10:19 AM   #8
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hahahahahahahaha thats great!
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Old 21-01-2009, 01:03 PM   #9
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I know what I'm doing this afternoon to pass the slow working arvo. Drunken ice cream party woo hoo! Seriously though, was the conclusion from this that food inteferes with the reading to make it detect alcohol (sounds dodgy), or that Bubble-O-Bills contain alcohol (also dodgy). If its the latter I will need to investigate this with an independent study
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Old 21-01-2009, 01:06 PM   #10
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^ Thoroughly and in depth im assuming? :P
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Old 21-01-2009, 01:18 PM   #11
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The magistrate ordered this guy to under go a test and eat another ice cream, Police then confirmed that it did give him a blood alcohol reading after consuming part of the ice cream..
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Old 21-01-2009, 01:35 PM   #12
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So he's that much of a bad driver he needs an interlock device so that he doesn't drive ****ed. Now he is whinging that he can't have a Bubble'o'bill.

Hey I know what he can do. NOT EAT THE ICE CREAM JUST BEFORE DRIVING.
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Old 21-01-2009, 01:36 PM   #13
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Now this may be interesting. I would be fairly confident that the ice cream does not actually contain alcohol but some other chemical or chemicals that are misread by the poile equipment. If it did contain alcohol then the order would not have been made.

Was the device faulty? Was the design faulty? In the technology faulty?

If this is infact the case, how many readings of, for example 0.06, were actually 0.04 of alcohol and 0.02 of something else. Although this is just the interlock I wonder if it uses similar technology to other devices used by police.

I am sure there will be a lot of investigatiing in a big hurry. (and maybe another big cover up)

Like the faulty speed camera event and subsequent class action this may herald the beginning of another action against the best state government money can buy........
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Old 21-01-2009, 01:45 PM   #14
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i wonder how many other ice creams could put u over the limit or just give a reading these days....
could it be just thats its from franga and maybe its been "tampered" with which wouldnt surprize me if it was from the pines or sumwhere close by lol
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Old 21-01-2009, 01:51 PM   #15
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my mate ahs an interlock on his car due to him being silly, and when they install the interlocker they say you shouldn't drink or eat 10 minutes before hand because the residue set's it off giving a fail reading and not letting you drive for another 15 minutes
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Old 21-01-2009, 01:52 PM   #16
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Quote:
Originally Posted by flappist
Now this may be interesting. I would be fairly confident that the ice cream does not actually contain alcohol but some other chemical or chemicals that are misread by the poile equipment. If it did contain alcohol then the order would not have been made.

Was the device faulty? Was the design faulty? In the technology faulty?

If this is infact the case, how many readings of, for example 0.06, were actually 0.04 of alcohol and 0.02 of something else. Although this is just the interlock I wonder if it uses similar technology to other devices used by police.

I am sure there will be a lot of investigatiing in a big hurry. (and maybe another big cover up)

Like the faulty speed camera event and subsequent class action this may herald the beginning of another action against the best state government money can buy........

Food, smokes, drinks etc cause the mouth to produce saliva which causes the faulty reading. Even though P platers are requireds to have a BAC of 0.00 the Police rarely prosecute unless they blow over 0.025.

The handheld units are not considered legally accurate (because of the saliva interferance). Thats why they take you back to the station/bus and keep you from putting anything in your mouth and re-test on the big suckers. At any time you doubt the accuracy of the breathe test you can demand a blood test.

I belive this will be the end of interlocks, roadside RBT will be around for good though.
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Old 21-01-2009, 01:53 PM   #17
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Quote:
Originally Posted by flappist
Now this may be interesting. I would be fairly confident that the ice cream does not actually contain alcohol but some other chemical or chemicals that are misread by the poile equipment. If it did contain alcohol then the order would not have been made.

Was the device faulty? Was the design faulty? In the technology faulty?

If this is infact the case, how many readings of, for example 0.06, were actually 0.04 of alcohol and 0.02 of something else. Although this is just the interlock I wonder if it uses similar technology to other devices used by police.

I am sure there will be a lot of investigatiing in a big hurry. (and maybe another big cover up)

Like the faulty speed camera event and subsequent class action this may herald the beginning of another action against the best state government money can buy........
I'm pretty sure that even if you blow over the limit, they have to take you back to the station and test again on different equipment, or blood test to confirm alcohol reading. By then residues in your mouth would have no effect.

I could be wrong though as I've never been done for DD.

Cheers,
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Old 21-01-2009, 01:55 PM   #18
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Correct me if I'm wrong (I never drink drive, so won't have the experience) but when you are breathalysed, if you blow .05+ they make you wait in the bus 20 mins and go again. If you are still at the same level you then get taken to the station for a more comprehensive test, and it is these results that you are convicted on.

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Old 21-01-2009, 01:56 PM   #19
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You beat me to it irlewy86 lol
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Old 21-01-2009, 05:04 PM   #20
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Maybe there is some truth to a story I heard involving eating KFC chips and rolling thru a breath test station. Thanks for the read and it just goes to show that devices police use to determine we have done wrong are not infallible.

<<edit - and when they do err its always on the side of the law>>
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Old 21-01-2009, 05:28 PM   #21
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Cherry Ripes used to (maybe still do) give a reading.
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Old 21-01-2009, 05:37 PM   #22
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Ok, I'm going to eat any confectionery I can find, get in my car, swerve all over the road in front of a Cop. Ha.

Just coz I want to feel the adrenalin rush.

But seriously, the only thing I know that would cause any sort of reaction, is the sugar content in the ice cream or the chewy.
If you have done your science right, sugar + yeast = ferment = alcohol
Also, ice cream has an extreme high sugar content.

I'm only suggesting a possible chemical reaction with the sugar content with the bacteria or wild yeast in the mouth for some sort of a fermentation.
However, I would have guessed this sort of chemical reaction to only occur hours after eating it?? Not within a few minutes.

It's the only plausible thing I can come up with, unless there is some sort of alcohol in the batch of the ice cream or the chewy.
Which I highly doubt.

One for the Mythbusters.

EDIT:

Also, the saliva drug testers are inadmissible in court. They are not 100% accurate, hence they are only used in police hands as a deterent to scare you.
I've had drug tests at work (random), we went through the legal implications of the saliva testing against urine testing. We were simply told, they can not be submitted as they are not 100% accurate. As there is a lot of "false positives".

At work, when we did these drug tests, about 4 people came up positive, for drugs, think it was of the opiate type. Come to find out, these people ate a muffin that was of lemon and poppyseed.
The poppyseed was picked up in the drug test (urine). It was a false positive.

So make sure you do check what you have eaten during the day.

Last edited by Spanrz; 21-01-2009 at 05:52 PM.
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Old 21-01-2009, 05:41 PM   #23
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So how about when u have food thats been marinated in red wine or white wine. I do that alot with my meats and chicken.

I wonder if i would be over the limit LOL
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Old 21-01-2009, 06:34 PM   #24
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Quote:
Originally Posted by LOCO XP
conclusion from this that food inteferes with the reading to make it detect alcohol (sounds dodgy), or that Bubble-O-Bills contain alcohol (also dodgy). If its the latter I will need to investigate this with an independent study
As mentioned above Cherry Ripe used to give false readings at RBT sites.

It's not dodgy at all. Food additives and some ingredients can cause faulty readings on interlock devices. This is even stated in the manual of it and if you don't believe me, you can find these answers on Google.
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Old 21-01-2009, 06:39 PM   #25
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Man im so wasted! On bubble o bills!! lol!!
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Old 21-01-2009, 07:35 PM   #26
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Quote:
Originally Posted by FalconXR6
I didn't even know you could still buy bubble o bills...

Yeah you can still get them but like any other ice cream at the servo you need a bank loan to get one, about $2 each I think.
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Old 21-01-2009, 07:39 PM   #27
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Quote:
Originally Posted by TUF_302
Man im so wasted! On bubble o bills!! lol!!
AHahaha, imagine that.

Picture this:

Rolling up to your local bottlo, thru the drive thru and asking the attendant, " slab of Bubble o' Bills thanx".

The looks you'll get, would be priceless. (Mastercard moment)
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Old 21-01-2009, 07:43 PM   #28
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For educational purposes, it would take a 6ft, 80kg male, 300 cherry ripes to blow a reading above .05

The things they teach kids in school.............
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