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New breath test results ruling. A trend to hit San Francisco and the Bay Area?


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11/17/2008
Anders Johnson
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Here’s an interesting bit of news on DUI breath test results.  A court in Washington State ruled that alcohol breath tests should not be admitted at trial.  "Simply stated, without the reliable evidence that a correctly functioning breath test instrument can provide, the discovery of the truth in DUI cases suffers," the judges wrote. "The innocent may be wrongly convicted, and the guilty may go free."

The ruling cited problems with the patrol's toxicology lab, including the false certification of solutions used to verify breath tests, the improper rejection of data, mistakenly switched data and reliance on software that miscalculated data.

If this becomes a trend on the West Coast, look to California, San Francisco, and the Bay Area to follow suit, making it more difficult for prosecutors to prove their cases.



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