What category of law does my case fall under? Looking for a lawyer who will aggressively pursue this case.

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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.

Attorney Answers

3
Peter Munsing ·
Unfortunately the law says "well, it looks like maybe the law worked for you--you got off!" The problem is it allows probable cause for a charge. Also note, technically an officer could, depending on a variety of witnesses, bring a case without a test. The law isn't the remedy for everything--keep spreading the word and if enough people get off the product won't keep selling. But watch what adjectives you use--the manufuacturer won't be too happy with you. You should work with criminal defense associations, the civil liberties union and others to organize. As to the warrant and jail--possible issue there depending on what happened--you'd want to check with an attorney who handles civil rights/police cases on that.
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Jennifer L. EllisEthics / Professional Responsibility LawyerPhiladelphia, PA ·
I think you probably would want to speak with a lawyer who handles product liability. I am not a criminal attorney, but I know there are a lot of DUI lawyers who would have some strong words to share with you about the breathalyzer. If I were looking for a lawyer, I might try to find one who at the least has good contacts within the DUI lawyer community and/or is at a firm that handles both criminal DUI and civil product liability cases.
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