These are happening so often lately it is almost getting boring. In the latest breath testing scandal, 865 DUI cases in Santa Clara, California are being reviewed for dismissal because the manufacturer of the breath testing machine has admitted that its devices are defective and are producing wrong results. This problem affects many other counties which also use this machine and now Ventura and San Mateo Counties are looking into their cases to see about dismissals and wrongful convictions.
Unfortunately, as the article points out, this news comes a little too late for the people who have already been convicted and sent to jail. Apparently, a first time DUI conviction in California gets you 48 hours in jail and a $2,000.00 fine. Oops! That is for a first DUI.
The manufacturer of the machine, Intoximeters, Inc. from St. Louis, MO has recalled the machines and supplied the police agencies with older model breath testing devices. That ought to inspire a lot of confidence! I recently blogged about Intoximeters and the fact that they expected their revenues this year to exceed $30 Million Dollars.