What category of law does my case fall under? Looking for a lawyer who will aggressively pursue this case.
Manufacturer Soberlink– A mobile Alcohol Breathalyzer classified as a class 1 medical device in the state of California. A class 1 medical device is in the same category as a bed pan you piss in. Class 1 medical device needs no human clinical trials, no scientific data, and no certification and is exempt from the FDA regulatory process. This Breathalyzer is NOT FDA approved, does NOT have 510K certification, and is NOT DOT approved and yet it is used in court, probation, and by law officials to determine ones breathe alcohol content. This device has reported false positives, erroneous information, failed to send test, failed to perform as manufacturer claimed etc. I’ve proven this through laboratory tests I submitted myself to, picture of error codes from device, various documents and emails to manufacturer; the device is defective and the report is in serious error. This device caused a warrant for my arrest, jail, (false imprisonment) legal fees, medical conditions and much more (The violation of probation and warrant was directly related to the failures and gross negligence of the manufacturer, installer and monitoring company). I have researched this device and company involved and have clearly documented all I have stated and much more. The manufacturer sends out a report that is used by a monitoring system, probation and law officials to judge ones sobriety and determine the degree of consequences or lack of (This report is taken as the gospel). The alcohol device has been out on the market for only 2 years and is being used by people every day. I filed a complaint with the FDA. The FDA has research the matter and is in agreement with my findings and is in the process of pursuing the manufacturer. The FDA agreed to provide documentation and outcome of compliant.
FDA # 137942 Compliant filed with FDA:
• FAILED TO OPERATE AS THE COMPANY CLAIMED.
• FAILED TO IDENTIFY OPERATOR.
• FAILED TO SEND TEST.
• FAILED TO DETECT ALCOHOL.
• FAILED TO ELIMINATE OR DISTINGUSH OTHER CHEMICALS OR COMPOUNDS AS THE COMPAMY CLAIMED.
• FALSE/POSTIVE READINGS.
• FALSE READINGS.
• ERROR CODES AND MESSAGES.
• SOBERLINK FAILED TO DIAGNOSE PROBLEM OR ISSUES WITH ALCOHOL BREATHALYZER.
• SOBERLINK FAILED TO PROVIDE RMA # FOR RETURN OF WARRANTY.
• FALSE MARKETING AND ADVERTIZING.
• COMPANY CLAIMED DEVICE IS CERTIFIED FOR EVIDENTIAL PROCESS OR USE.
• FAILED TO PROVIDE ACCURATE USER AND CRITICAL INFORMATION ON REPORT.
• ALCOHOL DEVICE INDUCED AND RESPONSIBLE FOR: ANXIETY, STRESS, DEPRESSION, BELLS PASLEY, ARREST, JAIL, PROBATION, LEGAL AND MEDICAL COST RANGING IN THE THOUSANDS OF DOLLARS.
