I am happy that you had a laugh, we all need one these days with the way the world, economy, and criminal justice system is going.

In Wisconsin you must take "evasive action" to avoid a collision. In Wisconsin, if you see a vehicle traveling in YOUR lane, directly at you, you MUST make every attempt to avoid the situation, otherwise you may be fined for "failure to yield." If you are driving down the highway, and see a vehicle sitting sideways on the highway, you MUST take every action (braking, swerving left or right) to safely NOT hit that vehicle or you may be cited for "failure to yield." In Wisconsin, there are VERY FEW instances where you have the "right of way" 100% of the time. Just because you didn't do anything wrong while driving, is not grounds to avoid a collision. In this case, the woman was taking action required by law, to operate in the WRONG lane.

If you read my collection of posts, I NEVER once said that the black box can proove that someone is drunk. Droog, do you know what "preponderance of evidence" means?
John M. Scheb and John M. Scheb II state in thier 2004 edition of "Criminal Law" (which I have on my shelf) that "preponderance of evidence is evidence that has greater weight than countervailing evidence." In laymans terms this means that although there is not specific evidence proving guilt, a guilty (or innocent) verdict may be found by looking at the evidence altogether.

Let's compare apples to apples. You state that the technology used by the police and hospitals is what is needed to proove someone is drunk.
What about "sobriety" tests (which measure your reaction time, balance, concentration, and HGN (Horizontal gaze nystagmus) which is the measure of the horizontal "jerking" of the eye (which is common to someone who is "drunk")

All of these tests, Blood, Breath, or "Sobriety" do not actually measure what is "drunk" and what is "not drunk." They simply compare factors that are witnessed and recorded and then compare them to results that have been interpreted by law. Law is what defines "drunk" and "not drunk" not a specific chemical, or signal. For instance there is not a little light bulb on a Officer's PBT that tells him whether or not someone is drunk. Most states mandate that the officer MUST perform ALL sobriety tests FIRST, then get a final reading on the PBT. In this instance, an officer may use 6 or more "facts" to "prove" someone is drunk. Alcoholics, for example, can "blow" some impressive numbers and be as normal as you and I. In the later stages of alcholism they may often need 3 or more times the "alcohol" that we need to get drunk.
An officer may give this subject the sobriety test and pass with flying colors (I have seen it personally) then give the subject a PBT (because of the alcohol smell) and find that the person contains a .25bac. This is three times what most states consider to be "drunk".
In an opposite senario, a person with muscular problems or an EAR INFECTION may fail a sobriety test, yet "blow zeros" on the PBT.
My point is that this information is not for certain, black and white either. The officers number ONE tool in policing is the "Use of Discretion". He must collect and interpret data to realize if he is able to get a conviction or not.
I am saying that the court of law may use the "data" from the black box to do must the same thing an officer has to do while out on partol on a daily basis. They may take that data from the black box, find that it is CONSISTANT with the actions of a "drunk" person, rule out all other evidence AGAINST the case (preponderance of evidence) and get a guilty verdict.

Lastly, before a moderator shuts this down, my intention of this was NOT to say that "BLACK BOXES WILL PROVE THAT SOMEONE IS DRUNK". In fact, what the clear intention of my posts are is that I FEEL that black boxes will help VICTIMS get over tragedy that is forced upon them, when there is unclear evidence showing who the true offender is. Also, I hope to one day be able to keep a DRUNK off the road, and out of the path of oncomming cars by using evidence I gathered from a Black Box.
Nothing further,
Thank you,
MK