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Challenge Comes In Tainted San Francisco DUI Cases

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(CBS)

ChrisFilippi 20100909_KCBS_0379r Chris Filippi
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SAN FRANCISCO (KCBS) – San Francisco’s public defender has filed the first motion connected to what he claims are hundreds of tainted DUI convictions.

Public Defender Jeff Adachi said that those cases could just be the tip of the iceberg. Adachi has filed the first motion in connection with the DUI concerns, asking that a man who pleaded no-contest in November be allowed to withdraw that plea.

“We also wanted to focus on the most recent cases because these are people who are on probation, and are still in the process of serving their sentence, so there’s a priority in bringing these cases back to court,” said Adachi.

The public defender and district attorney announced earlier this month that they would investigate the potentially tainted DUI cases, which stem from revelations that officers may not have been properly calibrating their breathalyzers.

KCBS’ Chris Filippi Reports:

“This isn’t even us receiving the information from the District Attorney’s Office and them telling us and identifying which cases have been involved,” said Elizabeth Hilton, managing attorney at the Public Defenders Misdemeanor Unit. “So we’re waiting for that information still.”

A spokesperson for District Attorney George Gascon said that they are reviewing cases, and if they find any where there was an impact, they will take proper action.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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