The Brattleboro Reformer, from Vermont, has reported that a man charged with DUI has been found not guilty either due to a faulty instrument that was used to detect his blood alcohol content, or by the machine's mishandling by arresting officers.
R.S., 45, a Hinsdale, New Hampshire resident, was arrested on November 27, 2010, after officers pulled him over citing that he had an obstructed view, and then noted the odor of alcohol in his vehicle.
The defendant originally told officers that he hadn't been drinking, but later recanted and offered that he had a couple of beers earlier during his dinner.
R.S. proceeded to fail two out of the three field sobriety tests administered by officers. The officer then took R.S. to the Brattleboro Police Department for blood alcohol testing.
The blood alcohol test was taken with a Datamaster. When the officer had tested the machine he got readings such as "fatal error message" and "Standard out of Range."
During the two-day trial the jury watched both R.S.'s field sobriety tests and his arrest. They also heard from two people that have experience installing and repairing Datamasters.
One expert testified that the Datamaster's instructions include that the reading, "fatal error message", requires the officer to then use a different machine to record blood alcohol content. The officer is also obliged to file a report indicating why the machine didn't work.
Instead, a police supervisor instructed the officer to wait five minutes and then to try the same machine a second time. In the second instance the instrument read "Standard out of Range".
The results of the two tests showed that R.S. had a blood alcohol content of .084 in one and .083 in the other - both a slight fraction over the state's limit of .08.
Susan Keane was R.S.'s public defender. She argued that the test could have been taken at another facility - five or six miles away - to gain an accurate reading.
In the civil case Dan Davis represented R.S. Davis said, "I would be surprised if they do given the fact the judge found the evidence that the defendant put forth was more persuasive than that from the state chemists."
Davis also stated that his client would have had his license suspended if he had been found guilty.
The judge overseeing both cases, Judge David Suntag, agreed with Davis in both trials.
David Sleigh, a St. Johnsbury-based attorney representing clients in similar cases, said, "The Health Department, by inadequate training, inadequate knowledge and unethical behavior has demonstrated an inability to administer the program in such a way that a reasonable scientist would give the test any credibility. By virtue of widespread incompetence, DOH can't be trusted to administer the program."
Only testimony related to the Brattleboro Police Department's Datamaster was allowed to be heard in D.S.'s case.
Keane felt that others charged with DUI in Brattleboro, current or past, might now seek appeals.
Your charge of DUI, DWI, OUI or OWI, are best managed by an attorney that is experienced in DUI cases. Contact a DUI attorney to help you avoid losing your privilege to drive.