Biggest Scandal In The History of Alcohol Testing
In Colorado, drivers suspected of Driving Under the Influence (DUI) of alcohol, are required to submit to either a blood or breath test. Additionally, drivers may elect to refuse a chemical test. If a driver chooses a breath test, the driver will be taken to an Intoxilyzer 9000 to provide a breath sample. This machine is supposed to measure the breath alcohol concentration of the subject. However, in the rush to implement the new machines the State of Colorado, Department of Public Health and Environment provided false certificates claiming to show the machines were accurate. However, the person’s signature on the certificate is false. The employee was never trained or qualified to certify the accuracy of the machine AND THE EMPLOYEE HAD LEFT HER POSITION PRIOR TO THE CERTIFICATES BEING GENERATED. This is false evidence!
As reported in the Summit Daily;
Dozens of pending driving under the influence cases and prior convictions are now in legal limbo in Summit County after Judge Edward Casias deferred to a new statewide precedent that bars the use of blood alcohol testing machine results as evidence.
The precedent, handed down in an order by Gilpin County Judge David Taylor last Monday, admonished state regulators for knowingly producing falsified certificates attesting to the accuracy of breathalyzer machines in court, a practice the defendant in that case described as “the biggest scandal in the history of alcohol testing.”
The order came after three days and 20 hours of testimony in the case of Robert Friedlander, who was arrested for a DUI while driving near Black Hawk last year but insists he wasn’t over the legal limit.
“There have been judges all over the state who were waiting for an opinion in the Gilpin case,” he said. “I haven’t heard of one judge in the state that hasn’t deferred to it.”
The order potentially affects all Colorado DUI cases from July 2015 to January 2017 that include test results from the Intoxilyzer-9000 machines used in police stations and jails statewide.
Read the full story at SummitDaily.com. http://dpo.st/2tgy26j
If you have been charged with a DUI, hire the Experienced and Aggressive Denver DUI Attorneys at LFM Defense!
The Denver Defense Lawyers at LFM Defense have actually gone to trial on this type of case with mixed results of a hung jury. The Defense Defense Attorneys know the “ins” and “outs” of Driving Under the Influence (DUI) defense whether it be drugs, alcohol, or marijuana. Call LFM Defense today to see how we can help with your DUI (720) 644-5342.