Hundreds of Breath Tests Tossed in Philadelphia
Dozens of DUI cases in Philadelphia will be re-tried because of a bad breathalyzer, officials announced on March 9th. Prosecutors have conceded that at least one of the breath testing devices used in the city was showing incorrect blood alcohol levels.
The district attorney’s office has agreed that in cases where people were found guilty solely because of the test (sounds like only guilty pleas to us), they will get a new trial. In cases where other evidence was obtained, such as witness testimony (any case that ever went to trial?) or a blood test, the defendants would not be affected by this development. The problem could affect about 200 convictions.
As of this date we have not been able to determine the exact nature of the problem with Philadelphia’s breath testing device. We will update this post if more details come to our attention.
Written by Allen Trapp who is board certified by the National College for DUI Defense and the author of Georgia DUI Survival Guide Visit Website