Last week, I explained how some Bay Area drivers may be able to avoid a DUI conviction because their preliminary breath tests, called PAS tests, were performed with the defective Alco Sensor V.

The Peninsula’s Daily Post now reports that officials in Palo Alto have “narrowed” the affected cases in their city to 50.

San Mateo District Attorney Steve Wagstaffe was quoted as saying that there are no cases in San Mateo County that are affected by the Alco Sensor V. Ironically, San Mateo’s fiscal crisis may have “saved” DUI convictions in San Mateo County. Apparently, all the police agencies is San Mateo County use the older, cheaper and more reliable Alco Sensor IV, for the simple reason that they cannot afford the newer, more expensive and fatally defective Alco Sensor V.

As I have said many times on radio and TV, breath tests are based on voodoo science. In my experience, breath test DUI’s can often be effectively defended. The only difference now is that even the voodoo scientists are saying that their voodoo science isn’t working!

Anyone who has had a recent DUI charge in Santa Clara County should contact his/her attorney to determine whether his/her case may be affected. If yours is one of the cases affected, and the DA won’t offer some relief, you should talk to an experienced attorney about a motion to dismiss, a motion to withdraw your plea, appeal or writ of habeas corpus, depending upon the current status of your case.

Law Offices of Dean Johnson

Call 650-216-7155 for a free consultation.


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