Nearly 1,000 Southern California DUI suspects may go free because of faulty breathalyzers used by San Jose Police officers, the Mercury News reported.
Los Angeles drunken driving defense lawyers understand that breathalyzer test results are often faulty. Still, law enforcement continues to use portable and stationary breath tests in the ongoing crackdown on drunk drivers.
Rick Springfield is the latest celebrity arrested for DUI in Los Angeles, according to CBS News.
The Santa Clara County District Attorney's Office announced it will review cases over a month to determine how many to drop after officers used the Alco-Sensor V breathalyzer as part of field sobriety tests. The breathalyzers may have shown incorrect readings because of a manufacturer's error that caused condensation to built up in the tube. The devices were also used by Palo Alto police.
The technicality could get some suspects off the hook by a dropped case or reversed conviction. Some arrested weren't drunk but were wrongly believed to be intoxicated because the device was faulty. The penalty for a first misdemeanor DUI conviction is typically a $2,000 fine, 48 hours of jail or community service and DMV classes.
Recently, San Jose officers stopped using the device after six months, while Ventura County authorities began reviewing hundreds of similar cases in the last few weeks. An unknown amount of cases could be affected in Palo Alto, where officers have been using the device since April 2010.
It appears a breathalyzer was used in the recent arrest of "Jessie's Girl" singer Rick Springfield, who was pulled over by the Los Angeles County Sheriff's Department for a traffic violation.
According to People magazine, Springfield's blood alcohol content was measured at .10, over the .08 limit in California. Springfield, 61, allegedly failed sobriety tests administered by officers after they smelled alcohol in his vehicle.
If you need to speak with a DUI defense attorney in Los Angeles, contact the Law Offices of Stephen G. Rodriguez and Associates at 213-223-2173 for a free consultation.
