Why would the San Diego Police Department give a breath test to a SDPD Detective but not release the results of that breath test to the City Attorney's office prosecuting the DUI, California DUI lawyers ask?
Are the San Diego police trying to protect "one of their own" or is it because of the pending Internal Affairs investigation which protects pending confidential police files, California DUI lawyers ask?
SDPD officer Jeff Blackford crashed into a utility box and was given a Preliminary Alcohol Screening (PAS) breath test right after the December crash. Over 2 months later, the San Diego City Attorney's Office is asking a Superior Court Judge to release those results for use in his pending California DUI case.
Much after the crash, after a suspiciously unexplained "delay" in this DUI investigation involving many missing witnesses/statemetns, the San Diego Police Dept. obtained a .09% breath test result (which the San Diego City Attorney's Office is using at this point). That is the Title 17 (California Code of Regulations) or Implied Consent Test. The big breath test machine. The one that counts with the .08% legal standard.
The one that should not count so much, the PAS test which is not so reliable or trustworthy, is unknown. It should not be used, say lawyers defending California drunk driving cases. But cops trick people into blowing in that optional unreliable test all the time. Then they try their hardest to get the San Diego City Attorney's Office to use that PAS test in court.
Many PAS gadgets have the ability to use memory or even print out results. But that is usually not done. Usually the California DUI cop gets the PAS results and writes them down, then incorporates them later into the drunk driving report, attorneys know.
The SDPD cop is presently charged with DUI plus a reckless enhancement allegation which carries 60 days mandatory jail.
In these cases, it's always good to have a professional DUI defense lawyer look at your San Diego California drunk driving case immediately. Here's how.