Those facing criminal charges are often unsure of where to turn. In some cases, they may believe that the charges against them are inaccurate. A recent discovery in Nebraska may lend some credence to this belief for certain people accused of drunk driving.
A report recently revealed a certification issue with certain breath tests that were conducted by law enforcement officials in Nebraska. According to reports, an attorney discovered that the tests that are required to determine the accuracy of the readings given by breath test machines were not completed. This discovery puts approximately 200 cases involving drunk driving allegations into question.
As a result, some breath test results are being excluded as evidence. Certain prosecutors are being advised to use only blood samples to determine blood alcohol content until the issues can be resolved. A judge has yet to rule on the issue. The certification issue is especially a concern in cases involving allegations of aggravated driving under the influence in which a person could face stricter penalties based on the level of alcohol in his or her system.
Many people in Nebraska may have the mistaken belief that the equipment police officers use is infallible. However, everyone is subject to making a mistake, and if certain procedures are not followed, including performing necessary tests to determine the accuracy of devices used to put someone in prison, wrongful convictions could occur. Fortunately, there are attorneys with experience with cases involving drunk driving allegations who are aware of the potential for false readings due to human error. As a result, they can examine the details of a case and help defendants determine the most appropriate course of action for their individual cases.
Source: seattletimes.com, “Breath-test issue may affect 200 cases in southeast Nebraska”, April 26, 2018