Interviewer: Have you had cases where people said they did not get a new plastic tip on it or they were refused one?
Carl Spector: Well, the police do not usually refuse to do so. But sometimes they forget to do so. So I do a very good interview with my client to determine whether or not they observed the police officer changing the mouthpiece between the two sample blows.
Interviewer: Could that possibly be a defense if the police did not change it?
Carl Spector: There is a defense to the result of the breath test if the mouthpiece has not been swapped out for a fresh one between the two blows. Yes it is, absolutely. It is part of the case law.
Interviewer: It is just a plastic mouthpiece that goes over it. Does it come in a little baggie?
Carl Spector: Yes, it is in a little sealed baggie.
By Carl Spector