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| At least 600 DUI cases in jeopardy because of lapsed Breathalyzer certifications |
| By courier-journal.com - Jason Riley |
| Published: 12/16/2011 |
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Alcohol breath test results in about 600 local drunken-driving cases could be thrown out because four Breathalyzer technicians with the Louisville Department of Corrections allowed their certifications to lapse in September. Jefferson County Attorney Mike O’Connell said Thursday that his office learned of the issue late Tuesday afternoon and has been looking through the cases — including some that already have resulted in convictions — to notify defense attorneys, police and judges. He acknowledged the incident could lead to some DUI cases being dismissed, saying it was a “serious evidentiary problem,” since the test results would likely be thrown out by a judge if a defense attorney asks. “It is a very unfortunate situation,” O’Connell said. The Breathalyzer test, which is administered at Metro Corrections following an arrest to determine a person’s blood alcohol content, is “the single most important piece of evidence in the trial,” he said. The results of portable breath tests that police officers use in the field are not admissible in court. Read More. |
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