For the fifth year in a row, the State legislature did not pass an open container law. Per CT News Junkie, the Black and Hispanic caucuses argued that the bill would just end up discriminating against minorities and give cops another excuse.

So, come to CT, where you can drink and drive (just not drunk and driving).

Almost overlooked in the criminal justice brouhaha was this story about the possibility of hundreds of DUI convictions over the past few years being overturned because of the faulty breathalyzer.

The certified Breathalyzer test used by police in Connecticut is not accurate, some attorneys claimed Tuesday in hopes of urging the state to change policies.

A Superior Court judge ordered the DMV to conduct a hearing as opposing attorneys are trying to prove that all Breathalyzer tests taken by the Intoxilyzer 5000 are inaccurate.

“Their argument is there is no scientific basis to detect alcohol on a person’s breath to alcohol in a person’s blood, and it does not measure alcohol with weight, and we disagree with both claims,” [chief legal counsel for the DMV] said.

Jay Ruane represents three people who lost their licenses after failing the Intoxilyzer 5000 test.

“The Breathalyzer does not comply with state regulations,” Ruane said. “This would force the state and state police and prosecutor’s office to take a blood sample or a urine sample.”

Ruane is one half of CT’s premier DUI attorneys. If anyone can mount a successful challenge to the Intoxilyzer 5000, it is him.

Stay tuned; this could have major implications.

This Courant story that I highlighted in the Jumpstart earlier today has stuck with me all day. It is a perfect example of what Windypundit and Simple Justice and I were talking about: “Free punishments”.

Consider the example in the article:

West Hartford resident Ethan Frankel thought his underage son was at a friend’s house when the 17-year-old attended a party in April where alcohol was present. His son had already left the party and was in his car with two other friends when the police arrived, said Frankel.

“He stayed there and talked to them and cooperated with the police. A lot of the kids ran away from the party, jumped out windows,” said Frankel. He said his son did not possess or drink alcohol that night, but still received a citation. “A West Hartford policeman told us to just sign the ticket and send in the money and that will be it.”

After his son paid the fine, Frankel said, a notice from the DMV arrived stating the teen’s license would be suspended. The Frankels have since hired a lawyer to look into the matter.

“It just didn’t seem fair. It’s like a trick, we felt tricked because we didn’t know that this would happen,” said Frankel, who fears his auto insurance fees will increase. “I know what they are trying to do and obviously they are looking out for people’s safety, but it needed to be thought out more.”

Lots more after the jump. Keep reading.