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Lawyer: Test Unfairly Rates Black Men's Lung Capacity



BRIDGEPORT, Conn. -- A lawyer representing a man charged with drunken driving has claimed Connecticut's breathalyzers discriminate against blacks.

Attorney James Ruane represents 40-year-old Tyrone Brown, of Norwalk, who was arrested April 9 by Connecticut State Police on Interstate 95 in Fairfield.

In a motion filed Tuesday in Bridgeport Superior Court, Ruane asked a judge to suppress his client's breathalyzer test results.

He contends the device used by state police and most local police departments, the Intoxilyzer 5000, discriminates against blacks.
Ruane said research shows the lung capacity of a black man is 3 percent lower than a white man's and, therefore, black men's test results vary from the sobriety standard set by the device.

Assistant State's Attorney Mark Durso declined comment.

http://www.wfsb.com/news/18017434/detail.html
 
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