Think that breath testing machines are infallible or that a blood alcohol content reading of .08 or higher on a breath testing machine following a DUI arrest in Ventura county means that a DUI conviction in Ventura County is a foregone conclusion?
Not if you hire the right lawyer to defend you. Defective breath testing machines were used in Ventura County in early 2011. That information wasn’t disclosed to the defense until after scores of defendants pled guilty based on the evidence obtained from the defective breathalyzer. The specific device in question is the Alco-Sensor V manufactured by Intoximeters, Inc.
After receiving legally mandated notice from the Ventura County District Attorney’s Office that scores of DUI convictions were based in part on evidence obtained from a defective breathalyzer, Attorney Kenneth Hamilton was able to confirm with the National Highway Traffic Safety Administration that they received assurances from the manufacturer that test results from the defective machines would not be used in court.
Based on this information, and a review of the DUI convictions that had some connection to the defective breathalyzers, Attorney Kenneth Hamilton assisted dozens of clients get their convictions reversed and cases dismissed or sentence modified with reduced penalties.
*Originally published on 12/8/2011