I-Team: Breathalyzer Tests Will Be Thrown Out In Hundreds Of Drunk Driving Cases

PHILADELPHIA (CBS) — An exclusive CBS 3 I-Team investigation now reveals hundreds of drunk driving suspects may have a better chance of beating charges in court because evidence from their Breathalyzer tests will not be used against them.

Philadelphia police say 416 drunk driving suspects arrested from November through February were tested with an improperly calibrated unit.

The District Attorney’s Office has now notified attorneys for the suspects awaiting trial that the scientific evidence will not be part of the prosecution’s case.

The District Attorney’s Office also says those already convicted or who have pled guilty will be allowed to seek new trials.

The improperly calibrated machine is one of seven used by the Philadelphia Police Department. Without scientific evidence, police will have to rely on non-scientific data gathered at the scene.

Attorney A. Charles Peruto Jr., who has already received letters about two of his clients’ cases, says the problem is, in his words, a “gift” to the suspects. Peruto predicts that out of 416 suspects, virtually all will beat the charges against them.

So far, there is no official comment from the Police Department on why the Breathalyzer was not properly calibrated and why it took three months for the problem to be identified.

Reported by Walt Hunter, CBS 3

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One Comment

  1. Robert Moran says:

    Does anyone know who the maufacture of the machine was? Any chance it was the Draeger Alcotest 9510?

  2. Malik says:

    Were the faulty units used in Nov.”09″ thru Feb.”10″ or was it Nov.”10″ thru Feb.”11″?

  3. J. Sullivan says:

    When have military & fire personnel become Drunk Driving Officials?

  4. durrell hill says:

    What happens if they made you refuse the test, I blew in it several times and they told me I wasn’t blowing hard enough which isn’t true so they refused me how can I find out if I have a public deffender??

Comments are closed.

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