Tag Archives: False Conviction

Permalink to Faulty Machines Lead to 400 DUI Convictions in D.C.

Faulty Machines Lead to 400 DUI Convictions in D.C.

Just because someone blows a high number, doesn’t mean they are guilty of DUI.  These breath machines are quirky and if not calibrated properly (a very common problem) they can yield artificially high measurements.  They are not specific or selective for exclusively drinking alcohol or ETOH.  Look what happened in our nation’s capital: 400 drunken-driving [...]

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Permalink to Government-Funded Study Calls for Overhaul of Nation’s Crime Labs

Government-Funded Study Calls for Overhaul of Nation’s Crime Labs

Here is an article about the famous National Academy of Sciences study. I thought I should post it as a follow up to my post about the crime labs in San Francisco. Government-Funded Study Calls for Overhaul of Nation’s Crime Labs Forensic science has helped send thousands of suspected murderers, rapists and other alleged criminals [...]

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Permalink to They Don’t Do Background Checks?!

They Don’t Do Background Checks?!

Pretty much every large employer does background checks, right?  Maybe not on low level staff but definitely  on supervisors, especially those whose jobs effect the lives and liberty of thousands of people, right? You would only hope so. Another scandal has rocked crime labs in San Francisco and is directly related to DUI convictions there: Problems [...]

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Permalink to Putting Innocent People in Jail

Putting Innocent People in Jail

I came across this article and it made me sick to my stomach.  It made me mad and when you read it I’m sure you’ll be mad too.  A “forensics” lab in San Diego was found to be producing faulty test results that lead to innocent people being convicted of being under the influence of [...]

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Permalink to Dude, I just got convicted by a breath test machine that was state-of-the-art in 1984

Dude, I just got convicted by a breath test machine that was state-of-the-art in 1984

I frequently talk to people about evidentiary breath testing.  I explain the weaknesses of one infamous and silly device called the Intoxilyzer 5000.  This is the breath test machine used by the Harrisburg Police Department and other surrounding police departments. After I explained a lot of the shortcomings it seems that about 9 out of [...]

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Permalink to Sources of Error in Forming Conclusions in a DUI context

Sources of Error in Forming Conclusions in a DUI context

In Pennsylvania DUI cases and in Pennsylvania DUI prosecutions, there is always the possibility of error by anyone from police officers to technical supervisors to toxicologists to forensic scientists to breath test operators to blood test operators to eyewitnesses to judges and even Juries.  It is important for all of us to try to identify [...]

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Permalink to Harmless Error Analysis:  Is it really harmless?

Harmless Error Analysis: Is it really harmless?

t’s New Year’s day.   Happy New Year. I might be the only one blogging on DUI today, but if you are reading this, then that means that you are like me in that we both want to learn as much as we can about DUI and the emerging trends nationally when it comes to DUI [...]

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Permalink to Do the Breath Machines Always Flag Acetone and Diabetics?

Do the Breath Machines Always Flag Acetone and Diabetics?

It is a national problem to be sure.  It is an endemic and systemic problem.  It is a problem that is pervasive and well-known within the scientific community.  Yet, it is condoned. In his latest blog post, Bob Keefer, a fellow member of the National College for DUI Defense, Inc and a true trailblazer in [...]

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Permalink to Do the Police ALWAYS tell the truth in DUI prosecutions?

Do the Police ALWAYS tell the truth in DUI prosecutions?

Not every police officer lies.  Not every police officer colors the truth.  Not every police officer embellishes.  But there are enough.  If there is one that is too many.  Let’s face it police officers are human.  They are motivated like we all are.  To not lose, to win.  To do the job efficiently and some [...]

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Permalink to What a Bunch of Poop:  The CSI Effect

What a Bunch of Poop: The CSI Effect

It seems that every day there is some sort of article in print that laments the poor position of prosecutors, their horrible burden and how unfair the CSI Effect is.  Well, what is the truth?  It seems that there is a CSI Effect, but not to acquit, but rather to convict.  A reverse CSI Effect. What [...]

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