San Diego California DUI attorneys are told that new hand-held breath estimators are defective and may lead to the dismissal of a number of 865 DUI cases in Santa Clara County.
The District Attorney's Office will drop many since San Jose police officers used the Alco-Sensor V breathalyzer as an FST (field sobriety test).
These defective gadgets show incorrect readings because of a manufacturer's error that can cause condensation to build up in the tube.
DA Attorney Prosecutors always offer these gadgets' numbers as evidence and judges buy into this garbage.
California DUI criminal defense lawyers expect fair treatment regardless of high the number is.
In even in the previous Alco-Sensor IV model, San Diego California drunk driving lawyers contend the absence of a mouth alcohol detector (or slope detector) makes these estimators inaccurate hand-held gadgets.
San Diego DUI defense attorneys know that positive false positives register on these unreliable contraptions. A blower with no alcohol in one's body can eat white bread (e.g. Wonder bread) or soy sauce which then produces a false positive numerical reading.
Northern California cops starting using these gadgets six months ago but ceased a few days ago after discovering the tests are not reliable.
Crime lab officials, prosecutors and attorneys know Ventura County authorities began reviewing hundreds of similar cases with the same problems.
DUI Defense lawyers have clients who blew into the device but refused to later give a blood test, making them now suspect, since authorities could lose their main piece of evidence.
Says one California PD DUI lawyer: "This information casts even more doubt on the validity" of these tests.
60 defective Alco-Sensor V's were shipped back to the manufacturer five days ago.
The company that makes the gray and yellow instruments, St. Louis-based Intoximeters, says on its website that the breathalyzer was approved by the U.S. government's National Highway Traffic Safety Administration, an apparently dubious approval.