DC: Bogus Breathalyzer Results May Go Back a Decade

[The Straight Story]

DC: Bogus Breathalyzer Results May Go Back a Decade
Whistleblower contends Washington, DC breath testing machines have not been accuracy checked since 2000.

Motorists in Washington, DC may have been falsely accused of driving under the influence of alcohol (DUI) for more than a decade as a result of faulty "Intoxilyzer" breath testing equipment. Whistleblower Ilmar Paegle, a veteran police officer now working as a contract employee for the District Department of Transportation, argued in a memorandum to the city's attorney general that the breath testing machines have not been properly calibrated since 2000, as first reported by WTTG-TV.

To date, the District has only admitted to bogus breathalyzer results taken between September 2008 and February 4, 2010. Of 1100 cases prosecuted in that period, 300 were convicted based on evidence provided by faulty machines.

"As a result of the miscalibration the instruments apparently produced results that were outside the acceptable margin of error to be considered accurate," Deputy DC Attorney General Robert J. Hildum wrote in a June 4 letter to DC trial lawyers. "OAG is in the process of notifying the defendants and their counsel in those cases."

Paegle's discovery that the breathalyzers producing bogus results forced the Metropolitan Police Department to stop using the machines on February 4 and switch to Intoximeters. Hildum blamed the problems on Officer Kelvin King who began replacing motors in the breathalyzers in September 2008 as part of routine maintenance. Under DC law, the machines must be tested for accuracy every three months, but the District failed to codify procedures or standards for this testing. Paegle was concerned that the District has never performed these accuracy tests, raising concern among legal experts.




http://www.thenewspaper.com/news/33/3361.asp

[Creative]

1. I have one of those old breathalyzers and it indicated that I was almost legally

intoxicated after I brushed my teeth (I had not consumed alcohol in more than a week).

[sarcasmo]

2. Any doubt this would happen with for profit protection.

[felix_numinous]

3. Time for people falsely accused

to lawyer up, if they can.

[Statistical]

4. This is the problem with not allow Constitutional right when it comes to DUI.

There should be no Constitutional exemption when it comes to DUI.

One should be able to demand a copy of the sample for independent testing.
One should be able to consult with a lawyer prior to testing.
One should be able to challenge the validity of results in court.

Anytime you take away Constitutional rights "for the good of the people" you open it up to intentional or accidentally invalid verdicts.