Ventura County DUI Defense Attorneys Concerned About Flawed Breathalyzer Results
Sherman Oaks, CA (PRWEB) April 25, 2011
Southern California DUI defense lawyers Jeremy Lessem and Joshua Newstat said today they were alarmed by news that hundreds of recent Ventura County DUI arrests and convictions may have been tainted by results from defective breathalyzer devices.
The Ventura County Star reported last week that prosecutors had found 294 cases in which the Alco-Sensor V Breathalyzer had been used to measure a defendant’s blood alcohol content (BAC), including 157 cases in which the defendant pled guilty or no contest to the DUI offense .
According to the newspaper, the Ventura County District Attorney’s office discovered that at least two of the devices had shown “erratic results” in tests taken between January 20 and March 31. Local law enforcement has temporarily halted use of the devices, the Star said.
“This just goes to show that even if one of these devices indicates you have a blood alcohol reading above .08, it does not automatically mean you are guilty of a DUI,” said Lessem, co-founder of the Southern California criminal defense law firm of Lessem & Newstat, LLP, who has represented numerous DUI defendants throughout the Los Angeles area, including Van Nuys and San Fernando Valley.
“We’ve seen many cases in which health conditions or medications caused a false reading, the test was improperly administered or – as in this case – the machine itself was faulty,” Lessem said. “What’s troubling here is that, in many of these cases, the breathalyzer reading might have been the sole piece of evidence that was used to gain the conviction.”
The Alco-Sensor V Breathalyzer device is manufactured by St. Louis-based Intoximeters, Inc. A company official indicated in a letter to the Ventura County Sheriff’s Department that a faulty mouthpiece may have caused the problematic readings, the Los Angeles Times reported.
Newstat, a co-founder of Lessem & Newstat, LLP, and President of the Ventura County Criminal Defense Bar Association, said he was dismayed at the number of lives that may have been adversely impacted by the flawed breathalyzer results.
“Several innocent people may have gone through the trauma of being arrested, tried and convicted for no good reason. They have paid fines, and in most cases, they’ve probably lost their driver’s license, too,” Newstat said.
If a person has received notice that their case was impacted by the Alco-Sensor V Breathalyzer readings, or if they have reason to believe their case involved the breath-test device, it’s important to contact an experienced Ventura County DUI defense lawyer immediately, Lessem said.
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The Alco-Sensor V Breathalyzer device is manufactured by St. Louis-based Intoximeters, Inc. A company official indicated in a letter to the Ventura County Sheriff's Department that a faulty mouthpiece may have caused the problematic readings,
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