SAN JOSE (KCBS) – It turns out that the faulty breathalyzers that had put several hundred suspected driving under the influences cases under a microscope in Santa Clara County might not be such a big problem, after all.
KCBS’ Matt Bigler Reports:
At issue: the Alco-Sensor V, a new device that had been put into use by by the police departments in San Jose and Palo Alto within the last twelve months. After the police departments began using them, they were recalled by the manufacturer. It was believed that the devices may have delivered incorrect readings during DUI tests.
That left the Santa Clara County District Attorney’s office with the task of reviewing more than 850 DUI cases that involved Alco-Sensor V readings.
Now, with approximately half of the cases reviewed, word comes that only one case has been tossed out and an additional 42 have been called into question.
Naturally, it’s good news for prosecutors, but it’s been a time-consuming process nonetheless.
“It’s a huge amount of extra work that’s being caused by this manufacturer’s defect but it’s the right thing to do,” reasoned supervising District Attorney James Gibbons-Shapiro.
Most of the DUI cases have been upheld because of the results of the DUI suspects’ second, more reliable blood alcohol tests at police stations.
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