Attorneys argue DUI blood testing equipment was faulty - New York News

Attorneys argue Scottsdale's DUI blood testing equipment was faulty

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SCOTTSDALE, Ariz. -

Thousands of DUI cases since 2009 could be called into question, due to possible problems with the blood testing equipment at one valley police department.

These attorneys say the Scottsdale crime lab has used this faulty blood testing equipment since 2009.

The machine in question tests blood samples of suspected DUI cases.

The attorneys have been in central court for the last several months trying to prove the machine at the Scottsdale lab, there since 2009, has exhibited major problems.

"We've seen it stop collecting data at the beginning, stop collecting data at the end. We've seen every name wrong on the test results, every vial number wrong on the test results," says Joe St. Louis.

St. Louis and 3 other attorneys have been arguing the case in court, representing 11 clients.

"If everyone finds out that the machine, which we call O3, is not capable of producing results we can trust that means every test result of every person charged with DUI is now in jeopardy and we can say, you know what, we have to question everything," says Lawrence Koplow, Koplow Law Firm.

The DUI attorneys say that if you are going to pull someone over for DUI and do a blood test, and if the results are positive, then the science, the technology behind the testing should be solid. They insist this machine is not.

"That's not what science is. Science is we have a method, we follow procedure and we have a machine that's working properly and reliably and this machine isn't doing that," says Mark. D. DuBiel, Law Offices of Mark Dubiel.

What they also find alarming -- the machine is still in service.

"When you see these types of problems you pull the brake on the train. You take the machine out of service. you find out why it's happening and you don't test peoples blood, come into court and try to put them in prison until you know it's working correctly," says St. Louis.

The state won't comment on this case because it is pending.

But county attorney Bill Montgomery said last week that in each of the 11 cases that the DUI defense industry is representing, there is a second vial of blood available for the defense to retest if they want to.

Closing arguments in the case are scheduled for this Friday at 10 a.m.


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