As one of the leading DUI attorneys in Pennsylvania, I make it a point to vigorously challenge DUI breath testing evidence because of the number of false readings these machines produce. The technology is bad and the police rarely keep the machines in proper working order. Unsurprisingly, another breath testing scandal has called more DUI cases into question:
MONTPELIER — A mistake in the software setup on a breath analysis machine and whistle-blowers’ complaints about unethical lab work threaten dozens of drunken-driving prosecutions in Vermont.
At issue are breath tests performed by a DataMaster DMT machine at a Vermont State Police barracks that authorities say was not set up properly. Amid a broadening inquiry by two defense attorneys, dozens of criminal convictions could be reopened and a handful of civil license suspensions are being overturned.
Hundreds of other cases since 2008 could be in jeopardy because of problems with the state Department of Health’s maintenance of the machines that are used at police stations and barracks to test drivers arrested for suspected drunken driving.
The state Health Department, which is being stripped of the breath-testing program, says the machines did not give any erroneous readings. At issue, officials say, is human error that resulted in one machine at a Vermont State Police barracks operating for almost a year without a self-check function that assures it is working properly. (Read More)
These problems are occurring all over the country and we have found many similar cases in Pennsylvania. This is why the attorneys at The McShane Firm are all highly trained in DUI breath testing and regularly challenge these issues in court.
Most people won’t know that there is a problem with their breath test evidence until it is professionally reviewed. For a free consultation and case review please call 1-866-MCSHANE.