Wednesday, October 29, 2008

More fallout from the intoxilyzer mess

Last Thursday the Galveston County ADA handling my client's DWI case called me and proposed reducing the charge from DWI to obstruction of a highway.  There was no video of my client performing field sobriety tests but there was a .18 breath test.  My client was happy with the offer.

Our case was set for a pretrial conference the following day but my client was unable to appear as she had evacuated from the island prior to Hurricane Ike and had stayed in seven different places in the six weeks that followed.  The case was reset for trial in January with the understanding that we would make arrangements to enter a plea before then.

But then came the startling revelations that Dee Wallace had faked intoxilyzer maintenance records for the machines at eight area police stations for at least the past year.  Due to Ms. Wallace's criminal malfeasance, questions have now arisen on more than 2600 DWI cases.

Once Ms. Wallace was identified publicly as the technical supervisor in question, I placed a call to the Galveston County DA's office.  That call was returned this morning and, after a brief discussion, my client's case was dismissed.

This outcome was achieved because we challenged the state's proof and the reliability of their breath test machine.  It was achieved because we weren't afraid of a .18 breath test score.  It was achieved because we were willing to fight and to do whatever it took to obtain a positive outcome.

If you've been arrested for DWI (particularly in Galveston County), contact my office today.

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