SFPD Breathalyzer Error Puts Hundreds Of DUI Convictions In Doubt

[roo_ster]

Nice spin, but laziness & fraud is not mere "error."

http://sanfrancisco.cbslocal.com/2012/03/05/sfpd-breathalyzer-error-puts-hundreds-of-dui-convictions-in-doubt/

For at least six years, the police officers in charge of testing the 20 breathalizyers used by the Police Department did not carry out any tests on the equipment.

Officers instead filled the test forms with numbers that matched the control sample, said Public Defender Jeff Adachi, throwing countless DUI convictions into doubt.

Toss all the convictions, is my suggestion.  And charge those responsible with fraud.

I wonder what sort of punishment I could expect if I were responsible for testing & calibrating equipment that, if mis-calibrated, could ruin people's lives?(1)

Until we start punishing these badged bozos for their misdeeds, the misdeeds will continue.





(1) Rhetorical question.  My company would lose contracts, get sued for fraud, lose millions or tens of millions of dollars, and I could go to Federal "Pound me in the ass" prison.

[Jamie B]

The public defender is steps away from a well-deserved and lucrative private practice!

[Ned Hamford]

"Gascon said there did not appear to be any malicious intent behind the police officers’ actions. He said the coordinators were apparently just too lazy to perform the test required every 10 days."

Oh the difference between being malicious and merely having a depraved heart.

By and large, I rather have someone out to do me harm than someone wholly indifferent to whether I live or die and has some role to play in the question.

I remember a law prof who talked about his time as a federal prosecutor and casual described one case he brought against an innocent man.  It was only mentioned as he was used to holding 72 hours without charges and NY required charges within 48 hours, and he was sternly spoken to by the judge for missing the 48 hour deadline [not that the guy was then released, he spent another 3 months in jail before charges were dropped].  Folks that really just don't care utterly terrify me.  

[Nick1911]

So if one were convicted of DUI in the past 6 years, and the breathalyzer equipment in question was used as part of your trial, what recourse would you have?

[birdman]

Just wait for the secondary lawsuits, or has no one thought of that.  Given how prevalent it is these days to lose a job or a job-related credential (security clearance, license to practice, drivers license) due to a DUI...as soon as those convictions get overturned, I bet you are going to see a TON of lawsuits (naming city, and individual officers, as wouldn't dereliction of job responsibility make one negligently responsible for the effects) for financial loss...and look at the burden of proof--you can now EASILY prove the error and the party responsible, AND easily prove damages (since it is legal to remove a credential or fire someone if their contract deals with DUIs)...hello class action...or better yet, individual cases.
And the best part, all the evidence needed is already provided!

[Jamisjockey]

HPD and the Harris county DA are under similar scrutiny. They use a mobile blood alc. test van and its data is apparently shitty. 
So, rather than fix the problem, the DA's office has stonewalled the investigating grand jury, and even gone so far as to try and put DA's in the grand jury proceedings.  It was so bad that the county constable's office had to kick the DA's out and provide a separate layer of security for the grand jury. 
Houston and Harris county are like a little banana republic.

[never_retreat]

I don't think any police or government agency should be doing the breath test.
If police want to use this as evidence (which they do) it should be collected by a third party, ie hospital or other legal source of medical advice. Not a cop.
I'm a firm believer that if you can't walk or talk (baring that you not a mute) should be the evidence that some one is impaired. Not a breath test. Film the drunk stumbling on the dash cam and use that for the evidence. Done.

[RoadKingLarry]

My company's policy for people that are in a driving position is immediate termination upon getting a DUI ticket. They don't wait for a conviction, get the ticket, get the pink slip.

If I was one of those screwed over by those worthless scum I'd be out for (legal) blood.

[Jamisjockey]

My company's policy for people that are in a driving position is immediate termination upon getting a DUI ticket. They don't wait for a conviction, get the ticket, get the pink slip.

If I was one of those screwed over by those worthless scum I'd be out for (legal) blood.

I'm working on going back to leviathian right now. In my career field, a DUI could keep me from getting rehired.

[MechAg94]

The problem there is you don't have to have any alcohol in your system to get a DUI ticket. 

[MechAg94]

I don't think any police or government agency should be doing the breath test.
If police want to use this as evidence (which they do) it should be collected by a third party, ie hospital or other legal source of medical advice. Not a cop.
I'm a firm believer that if you can't walk or talk (baring that you not a mute) should be the evidence that some one is impaired. Not a breath test. Film the drunk stumbling on the dash cam and use that for the evidence. Done.

At the very least, there are lots of 3rd party contractors out there that would be able to do this test for them and provide all the paperwork.  It seems to me they are wasting money having cops do it. 

[Nick1911]

The problem there is you don't have to have any alcohol in your system to get a DUI ticket. 

You're right.  That is a problem.  Since you can't be "DUI" if you're not "UI".  Not that it will stop you from getting hooked up for it.

More then the Patriot Act, more then the TSA, DUI law is the biggest threat to American freedoms, IMO.  [1] [2]

[MechAg94]

I was referring to an article here a while back where a cop who got a number of his DUI citations thrown out for people who weren't drinking or under the influence.  He just decided to book them for it anyway.  I'd hate to get fired for driving safely and normally just because some idiot cop decided he thought I wasn't driving straight.  That is rare at least.

[RevDisk]

You're right.  That is a problem.  Since you can't be "DUI" if you're not "UI".  Not that it will stop you from getting hooked up for it.

More then the Patriot Act, more then the TSA, DUI law is the biggest threat to American freedoms, IMO.  [1] [2]

I am very curious, and should read the SCOTUS opinions, on why DUI laws are considered legal when they break half a dozen provisions of the Constitution.

Willing to bet a LOT of those DUI machines are not calibrated. And I love that they automatically destroy evidence.  Machine takes a sample, potentially ruins your life, and does not store diagnostic information and said sample. I'm not sure why the machine does not print out the running state on a receipt. Some unique ID, time/date, model #, firmware #, serial #, last calibration time/date, the raw data, and the calculated data. Prints out two receipts, one for cops, one for the potential defendant. Same with sample.

[MillCreek]

I am reminded of the old legal adage: you cannot be compelled to produce evidence that you did not keep.