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Did you know a common
breath test device used for DUI prosecutions in Northern California
was defectively manufactured? The Department of “Justice” for
the State of California ordered 1000 units of the EPAS Alco Test
7410 manufactured by Drager Safety Diagnostics. Shortly thereafter
the DOJ found out that the device was defective. The defect was
that if the exit-port on the mouthpiece was capable of being inadvertently
blocked by the officer holding the device during the administration
of the breath test.
The effect: it artificially increases the breath
test result. Recently in a jury trial, we got the criminalist to
admit that he personally tested the device and received illegal
results when the true blood alcohol concentration level was below
the legal limit. He admitted a person with a legal blood alcohol
level could be arrested and convicted of a DUI falsely.
Well, the
DOJ acted swiftly when they learned of the defect. They sent out
a memo to the agencies telling the officers to be careful not to
block the exit port. They did
not take the units out of service or demand the manufacturer fix
the design flaw or replace the units. No, the estimated 1000 units are still
in service right now.
And of course, the officer was not aware
of the memo.
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