As previously discussed on our Los Angeles County Criminal Lawyer Blog, faulty breathalyzers frequently lead to reduced or dismissed DUI charges in Ventura and elsewhere in Southern California.
The San Jose Mercury News reports that after a review of more than 800 DUI cases, Santa Clara County prosecutors have already begun dropping charges against suspects. According to the story, it's possible that 42 cases will be dropped.
While that's only about five percent of the cases, it proves Ventura County DUI Lawyers can successfully move to dismiss DUI cases with problem evidence.
The review of cases started earlier in May when prosecutors realized that the Alco-Sensor V breathalyzer device used by San Jose and Palo Alto police may have been giving incorrect readings because of a manufacturer's defect. The defect allowed condensation to build up in the tube that suspected drunk drivers blow into. Ventura County authorities were the first to spot the problem, in April.
The newspaper reports that about 7,000 people are arrested for DUI every year in Santa Clara County and many may have already entered guilty or no contest pleas, paid fines, served jail time and had to adhere to other conditions even though they weren't guilty. Under California Law, first-time DUI offenders can spend up to six months in jail, have to pay up to $1,000 in fines, have their driver's license suspended for six months, attend DUI school and possibly have an ignition interlock device installed on their vehicle.
According to the newspaper, in most DUI arrests, suspects provide blood or urine samples at the police station, which are used most often at trial. But in some cases, police didn't ask for a second test or drivers refused, leaving less evidence for prosecutors to use against them.
Refusing a breath test will result in losing a driver's license, but you can challenge that and within 10 days of your arrest have an Administrative Per Se Hearing. If you refuse a breath test, blood test or other chemical test, the hearing officer must determine whether you were properly informed of the consequences of refusing to give a test to police.
According to research by a State University of New York at Potsdamn professor, breathalyzers don't "measure" blood-alcohol content, but they only "estimate" it. He said breathalyzer results can easily be manipulated and incorrectly read.
These are all complex matters and shouldn't be taken lightly. If you or a loved one is arrested and charged with DUI, don't go about it alone. Trust an experienced DUI attorney who will fight to protect your rights and work for the best possible resolution in your case.
If you need to speak with a DUI defense attorney in Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties, contact the Law Offices of Daniel E. Kann toll free at 888-744-7730 for a free consultation.
More Blog Entries:
Faulty Breathalyzers Can Be Challenged in Los Angeles DUI Cases: May 9, 2011
Memorial Day DUI Arrests Require Swift Action and Aggressive Defense: May 25, 2011
