Michael J. Thompson, Attorney at Law

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Problem with breath test equipment is raising red flags

Most people know that breath tests are one of the primary tools police officers use to determine whether a driver is legally intoxicated. When a person is accused of drunk driving, defense lawyers look for things that might show that the test wasn't accurate. A recent development in another state might be of interest to those who deal with drunk driving in Kentucky.

The state police in Michigan have suspended their contract with a company that provided breath test devices based on evidence indicating that the company misstated the accuracy of the device. The state has begun a fraud investigation to look into the situation.

While the 203 devices are out for calibration, blood draws are being recommended. The issue now is how to proceed with current cases that are based on potentially skewed results. It is wholly possible that some cases will be very difficult to prosecute. Cases that have already been resolved might be subjected to appeals.

At the heart of the issue is that fact that there were three contractors who were supposed to calibrate and certify the units. Someone noticed problems with the vendor and use of the devices was stopped right away.

For individuals who are facing this charge in Kentucky, calling the accuracy of the breath test into question might be one possible defense strategy component; however, you should look into every possibility before you set your final plan. Other aspects of the case, such as the results of the standardized field sobriety test might also come up, so be prepared to address those in court.

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Michael J. Thompson, Attorney at Law

16360 Fort Campbell Blvd.
Oak Grove, KY 42262
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Phone: 270-605-0441
Toll Free: 866-397-7788
Fax: 270-439-1177

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