Breath Testing needs to be tested.
Have you read the one about the breath test supervisor that was forging her tests?
Sadly, this is not a joke. DPS internal investigations turned up disturbing information that one of its breath test supervisors was not actually performing the testing and changing solutions as she was supposed to have done. DPS claims that only breath tests taken this year have been affected but when the investigation is over I am going to be very interested to see how far back this goes.
It's typical in a DWI case to request the maintenance records on the machine to determine if it was working. And based on the reports from my trials over the past 17 years, this is the most miraculous piece of equipment in the world. It always works. It's always accurate and it never makes a mistake. It's the miracle machine! But everyone knows better.
With a wink and a nod to less than the truth, DPS technical supervisors and their third party contractors, routinely take the stand and commit perjury, but it's acceptable because they are doing it for a good cause - to get a conviction. And yes, judges participate in this lie called "Police Science" because to do otherwise means that you have to actually rule out evidence that may lead to an accused person going free.
But if the police and their third party contractors are manipulating the machine used to test accused citizens, doesn't that mean that they are wrongfully accused? And shouldn't someone who's wrongfully accused have recourse and the right to not be convicted on false evidence?
But fear not, because the DA's office in Houston will ensure that no innocent person's liberties are harmed by this falsified evidence. After all, the Harris County DA's office has such an exemplary history of protecting the civil rights of accused citizens. Just look at their track record!
The fact that the DA's office is trying to make cases with tainted evidence would lead you to the logical conclusion that they are not concerned with anyone rights. What prosecutor would move forward with an accusation based on knowingly tainted evidence?
The answer - every one of them if they thought they wouldn't get caught and they thought they could get a conviction.
Call us if you have been arrested and accused for driving while intoxicated, boating while intoxicated or flying while intoxicated. We can help you fight this false charge and expose the lie that is "police science".
Read the story here http://abclocal.go.com/ktrk/story?section=news/local&id=6468929
