Because of faulty Breathalyzer, Philly D.A. gives 1,500 another chance

May 14, 2011|By Joseph A. Slobodzian, Inquirer Staff Writer

Six weeks after Philadelphia police acknowledged that four Breathalyzer machines were not properly calibrated, the District Attorney's Office has decided to give almost 1,500 people arrested for drunken driving the chance for another day in court.

"This was an unfortunate case of human error," District Attorney Seth Williams said in a statement Friday. "But we identified it and have started the process of correcting any mistakes that were made."

The people being offered a new trial were those charged in Philadelphia for driving while intoxicated between September 2009 and November.

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All the cases were identified in an internal review by the city prosecutor's office as involving one of four faulty Breathalyzer machines.

Even before the district attorney's announcement, Municipal Court President Judge Marsha H. Neifield had begun hearings to field petitions for new trials.

The Wednesday-morning hearings began April 27 and will continue Wednesdays at 11 a.m. in Courtroom 406 of the Criminal Justice Center, 13th and Filbert Streets.

Tasha Jamerson, spokeswoman for the District Attorney's Office, said that as of early this week, about 20 people had requested new trials and five had been granted.

A new trial does not necessarily mean acquittal. Even without Breathalyzer results, a prosecutor may have the arresting officer testify about a driver's "general impairment" - unsteady gait, slurred speech, a strong odor of alcohol on the breath - that could support conviction.

Jamerson said it was not possible to estimate the cost of the retrials, although they will certainly swell the docket of Municipal Court cases in the near term.

Joseph Kelly, a Port Richmond defense attorney who specializes in DUI cases and one of the first lawyers to challenge the police machines, said new-trial requests have had a positive response by the court.

Kelly said he had filed eight requests and one had been scheduled for retrial.

Bradley Bridge, an assistant Philadelphia public defender involved with the review of city DUI cases involving the faulty Breathalyzers, agreed with the estimate of cases eligible for retrial.

Bridge, however, said he was concerned about the validity of any Breathalyzer testing, especially since his office found a faulty Breathalyzer used at the state police Belmont barracks, whose troopers patrol the Schuylkill Expressway and I-95.

Bridge said the suspect machine at Belmont was used for three months after testing showed it was miscalibrated, from Nov. 24 to Feb. 24.

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