Still, he was hopeful that with federal intervention the department would change.

He said the department had not changed its procedures since the Hiibel decision.

The departments have changed many times over the years.

The department changed its marking scheme in October 2010 to a more up to date look.

"I think the department has changed radically," he said in an interview.

Now the department has changed its mind, sort of.

Until the appeal is decided, he said, the department will not change its procedures.

The department changed part of its policy and required more than one positive rapid test to even call a result inconclusive.

But the department hasn't changed to meet the increased twitchiness of the streets.

I don't think the department will change people's personal beliefs but they do set a standard.