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DUI/DWI Blood Test Samples Found to be Inaccurate |
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Police in Colorado Springs, Colorado announced Friday that approximately 82 blood tests (so far) have been found to show a higher blood-alcohol concentration than the true result. Over 1,000 blood-alcohol samples taken during 2009 are being retested.
Police spokesman, Dave Whitlock, said, "We're still getting our arms around the totality of it, and we understand how regrettable this is and we're owning up to our own error."
"It puts a lot things into question," said Sandy Mullins, executive director of the Colorado Criminal Defense Bar, a group representing defense attorneys across the state. "We take a lot of these tests as fact, when in fact these are being administered by people and systems. Just like any system, they can be faulty." Mullins also pointed out that, "This proves that tests do lie sometimes."
If this could happen in Colorado, it could happen in Texas! Don't just assume that the blood or breath test administered in your case is true and correct. Errors can occur. Call Kyle Shaw now at (214)726-0088 to discuss your DWI case!
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U.S. Supreme Court says Officer Must Observe Violation to Stop |
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Yesterday, the U.S. Supreme Court declined to review a Virginia drunk driving case decision, drawing a sharp dissent from Chief Justice John Roberts Jr.
In this drunk driving case, Virginia v. Harris, the commonwealth challenged the ruling of the Virginia Supreme Court that said police who pursue tips about people driving drunk may not act on the tip, i.e., stop the vehicle, until they personally observe the driver commit a traffic violation. In Virginia v. Harris, an anonymous caller reported to Richmond police that Joseph Moses Harris, Jr. was driving drunk. The officer did not personally observe any unsafe driving or traffic violations before pulling Harris over. Harris was convicted in a lower court, but the Virginia Supreme Court reversed the conviction on Fourth Amendment grounds as the result of an improper search.
"This is an important question that is not answered by our past decisions, and that has deeply divided federal and state courts," wrote Roberts in a dissent from denial, joined by Justice Antonin Scalia. "The conflict is clear and the stakes are high. The effect of the rule below will be to grant drunk drivers 'one free swerve' before they can legally be pulled over by police. It will be difficult for an officer to explain to the family of a motorist killed by that swerve that the police had a tip that the driver of the other car was drunk, but that they were powerless to pull him over, even for a quick check."
It is unfortunate that the Chief Justice of the U.S. Supreme Court does not recognize a traffic stop by an officer based on nothing more than an unconfirmed, anonymous tip as a violation of the Fourth Amendment. This case is a clear example of the importance of having an experienced, aggressive attorney to fight for you every step of the way through your DWI case. If you've been arrested for DWI and wish to consult with an attorney, call Kyle Shaw at (214)726-0088 now! There is no charge for the consultation and it may help you avoid a DWI conviction! |
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Harris County Kicks 1,200 DWI Convictions |
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HOUSTON — Harris County has decided to set aside over 1,200 driving while intoxicated (DWI) convictions. It was decided that the convictions were invalid after a Department of Public Safety (DPS) contractor was convicted of falsifying inspections of alcohol breath testing devices, prosecutors said.
The contractor, Deetrice Wallace, told law enforcement investigators that she falsified inspection records for South Houston and Clute police department intoxilyzers.
Wallace was subsequently prosecuted for three counts of tampering with a government record and was sentenced to one year in prison last Friday.
Harris County Assistant District Attorney Terese Buess said about 1,000 defendants convicted of DWI can petition for a retrial without evidence submitted by Wallace. Some defendants had multiple than one case affected.
Ms. Buess said Wallace manipulated intoxilyzer machines rather than changing the reference sample as required by law and DPS policy and recommended by the Intoxilyzer manufacturer. Ms. Wallace was paid approximately $146,000 by the State of Texas during the time frame (2002 until her arrest in October 2008) that she was falsifying the records.
Ms. Buess said Wallace signed off on some 4,000 test slips, however, some of those did not result in convictions and not all of them were in Harris County. Ms. Buess was concerned about any attempts to seek 1,200 convictions again because the district attorney's office will not have breath test results, and other evidence, including videotapes, has been destroyed.
DPS officials invalidated all intoxilyzer breath tests recorded by Ms. Wallace's supervision because it was uncertain when her unethical behavior began.
"It's just a massive problem that is not going to go away," Buess said. "It's a huge mess."
If you've been charged with an alcohol related offense, including driving while intoxicated (DWI), call Kyle Shaw at 214-726-0088 for a free consultation to discuss your options.
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No New Trial for Collin County Death Row Inmate |
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On September 16th, in a 6-to-3 decision, the Texas Court of Criminal Appeals, the state's highest criminal court, ruled that death row inmate Charles Hood convicted of murder in 1990, is not entitled to a new trial. The decision was rendered despite the fact that the judge and the prosecutor from his trial had been having an affair. The court held that Hood should have raised the argument that the affair prevented him from receiving a fair trial in earlier appeals. This decision reverses the findings of a district court that held Hood should be given a hearing on a new trial. Several former judges, prosecutors, and legal experts have expressed concerns that it is impossible to know whether Hood received a fair trial. "For the State of Texas to ignore undisputed evidence of an improper relationship that violated Mr. Hood's constitutional rights to a fair trial is inexplicable and a betrayal of justice," said Sam D. Millsap, former district attorney in San Antonio, Texas. "It is an irrevocable wrong to put a man to death when a cloud of uncertainty and misconduct looms overhead."
Although, the affair had been rumored for years it was only confirmed last year after Hood's lawyers took depositions under oath from the judge and the prosecutor. Hood's lawyers said they weren't able to prove the existence of the affair until the court ordered depositions occurred. The judge involved had gone on to serve on the Court of Criminal Appeals with all but one of the seated judges who rendered the decision. “This decision by a court where eight of the nine judges once shared the bench with [the Judge] will only add to the perception that justice is skewed in Texas,” said Andrea Keilen, executive director of the Texas Defender Service, which represents Mr. Hood.
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DWI Blog
