reasons why i think this case is significant about the amount of evidence that was going to be required in a probable cause determination the legislature said that there's a significant problem with driving under the influence of alcohol and the need  chose to just attacked the officer and attacked the p p t it we go we have no notice of it and the prosecution has no notice of that when you're talking about thirty five hundred cases in one county alone as on the third most populous county is defined as being is a combined owner of gum and alcohol and then the policeman goes on to say you know while they had a lot of alcohol really doesn't tell us anything about whether or not individuals under the influence we can tell by the o waiting period with respect to this machine and i know i respectfully disagree with mr smith where he claims that the office which wrong about this because i'm aware of the operations manual and it's just so now you point it out once i get the officers here to follow the procedures because you're it comes back to a liability and that's what we have stated here that's what the judge found that they had a sheen reading which is not reliable because of the fact that the waiting period was not  and then when the police officer in changing his testimony after his talk with the prosecution simply lies and the backing of the says this is how you make the machines work this is how you make the machine give a reading there's a distinction then operations procedure there's a hundred things that can be wrong with the way the machine is used in stresses hutchinson pointed out by the operator that i'm going to be listed in this simple little operations  procedure of how you get the machine to give you a reading so the fact that the machine won't out the rate of twenty four degrees below zero which is also contained in the separate part of the bell sensor three manual i didn't have to get to  either and all of those things are obviously not going to be listed on the little operations manual that tells you this is how you get the machine to kick out a reading so it into not it says that if there is a temperature period so once he has conceded there it's my suggestion and partly you know that the two thousand pound elephant that's sitting in the room is the difference in opinion between the prosecution the defense in these cases is to what they waiting period means that's contained in the end manual i understand the the prosecution has a theory as to what they're waiting period means that the defense thinks it should be accorded a little with a literal reading and so when the police officer testifies to doesn't pay of slurred speech he doesn't hear why shadow eyes his eyes you see he's neck confused he doesn't he's not disoriented in any way shape or form his balance and coordination are perfect in all respects and just happened and i think that it's very important it's one of the things that the judge noted here we have no idea why am i think basically if we're going authorizing the arrest in the in situation where we're saying that all you need is some o too small an amount of information especially when it's contrasted with the other things that we know that you would expect to find in a person who is under the influence and i don't think there can be disregarded