Arizona DUI Cases May be Thown Away Due to Unreliability of Machine
Many, MANY Arizona DUI cases may be thrown away and here’s why:
The Intoxilyzer 8000, looks as it is unreliable, a leading driving under the influence defense attorney said.
“This is going to be huge,” said Tucson lawyer James Nesci, because the current machine is widely used statewide as opposed to the older device, which was used in Tucson and at a smaller agency…
Despite court orders across the country, CMI has declined to divulge the code, which defense attorneys say will show that the device is error-prone. The company has racked up more than $1 million in fines by refusing to comply with a similar Florida court order, records show.
CMI President Toby Hall didn’t return phone calls for comment. When Bernini first ordered CMI to release the code, Nesci said a process server couldn’t get Hall to accept the court order.
Last month, Bernini told prosecutors to get the source code from CMI.
Deputy County Attorney Robin Schwartz told Bernini that she didn’t think the state could force CMI to reveal the code.
Bernini also set a Nov. 24 hearing for Hall to appear and explain why she shouldn’t hold him and CMI in contempt for refusing to comply with her orders…
Recent events echo those in the mid-1990s when defense attorneys challenged the integrity of the RBT IV breath test machine, manufactured by Intoximeters Inc., based in St. Louis. Prosecutors eventually agreed that the device was faulty, which led to 3,000 cases being dismissed at once in 1997 and the total number thrown out about 5,000, Nesci said.
Ridiculous. Maybe they should just try using working machines, if possible.
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1 Comments
This is horrible for those like me who who was advised to plea no contest & received my license being suspended for 1 year, 1 yr suspended sentence, have to go to 3 different classes & testing cost apx $400, attorney $1000, fines over $1300, $75 monthly fee for sentence & community servc which I have to do 120 hrs less than 3mon the other above completed in 30 days or I go to jail when I knew that there was no way I could of blew a .16BAC at 11am in the morning. Officer was so physical i looked like someone had beat me, told him been very ill with pneumonia couldn’t keep blowing over & over he threatened me he would say I refused the test so after doing it 4 times in a roll before the machine would stop failing he came up with the bac of .16 which in OK is aggravated DUI plus I wasn’t even driving I was sitting in my car eating in a parking lot. Not to say my criminal record I have now & I’ve never been in trouble in my like I’m a Nana this has been devasting to my family whom I take care of elderly parents & I haven’t driven since Feb because wasn’t told about th 15 days or given any papers from the police dept I didn’t know my BAC til I saw my lawyer in Oct. This is so sad that so many people are paying for something that effects their life forever & I ask for a blood test & police refused so it’s your word against theirs. If I had a BAC that high I shouldn’t of even been walking or talking. Something should be seriously done to insure the accuracy of these machines because your life depends on it so if it’s this serious then they should be giving blood test when this is really the only way you can determine a BAC. Shame on our law enforcement agency & our lawyers & judges who are all in this together. So corrupt & what a shame at the expense of good hard working citizens just trying to get by & all they really want is to suck you dry of all your money & make it as difficult on you as possible.
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