Subscribe Today!
Networked Blogs
Feb
27
D.C. DUI breath tests flawed
Filed Under law, law enforcement
A scene from a nightclub.
A veteran DUI defense attorney says that prosecutors in Washington, D.C. recently were quietly dismissing DUI cases because of flaws in Washington, D.C.’s DUI breath test machines.
The D.C. lawyer is calling for an investigation.
Hundreds of DUI cases could be overturned, if defense lawyers have their way.
Video: Washington, D.C. DUI breath test machines gave flawed results
DUI defense lawyers are gearing up to challenge DUI cases, according to a news release.
Washington DC DUI defense attorney David Benowitz says “this finding doesn’t surprise me.” Benowitz had noticed that something was amiss in recent weeks when the Office of the Attorney General started dismissing DWI cases. Benowitz, a member of the National College of DUI Defense continues, “This means that hundreds of DWI convictions dating back to 2008 may be vacated. It may take some time to determine the full extent of these malfunctioning breathalyzers and what this fact will mean to those who have been convicted over the last two years.”
If the problem with the breathalysers isn’t just a D.C. police issue, it could have implications for DUI cases across the country. It will be interesting to see how this case develops.
Photo by Robotgoboom.
Comments
3 Responses to “D.C. DUI breath tests flawed”
D.C. DUI breath tests flawed | Christopher Hedges…
A news story from Washington, D.C. about flaws in DUI testing equipment could have an impact beyond that city. Could breathalysers in if other cities and towns have similar problems?…
doesn’t surprise me there is more evidence shows the flaws in measuring blood alcohols level using breath machines. It’s nice to know that prosecutors are actually doing something about it, and dismissing cases. In most jurisdictions, prosecutors do not have to dismiss the cases even though the same flaws exist because the bias is so great against those arrested for driving under the influence. Drivers are presumed guilty.
Hi Richard,
Thanks for stopping by and sharing your views.
I agree that it is a natural tendency to presume that drivers are guilty, then prove them innocent or convict them with a machine’s verdict of “not guilty” or “guilty.”
Our justice system shouldn’t operate that way, even though in practice that’s the way it often operates.