This means that hundreds of DWI convictions dating back to 2008 may be vacated.
Washington DC (PRWEB) February 27, 2010
Hundreds of DC DWI convictions may be overturned as a result of flawed breathalyzer tests. The Metropolitan Police Department says that eight of the ten Intoxilizer 5000 breathalyzers used since 2008 had issues with their accuracy. Washington DC Police Chief Cathy Lanier says the problems were discovered during an audit and the results were reported to DC's Office of the Attorney General.
Washington DC DUI defense attorney David Benowitz says "this finding doesn't surprise me." Benowitz had noticed that something was amiss in recent weeks when the Office of the Attorney General started dismissing DWI cases. Benowitz, a member of the National College of DUI Defense continues, "This means that hundreds of DWI convictions dating back to 2008 may be vacated. It may take some time to determine the full extent of these malfunctioning breathalyzers and what this fact will mean to those who have been convicted over the last two years."
Jason Kalafat, an attorney with The Law Offices of David Benowitz, is similarly disappointed. "This shows a callous disregard for the rights of DC drivers. For most defendants a breathalyzer score is the single most significant piece of evidence that can put you in jail, cost you money and damage your career. The police have a duty to make sure such a critical piece of equipment is in proper working order." Kalafat also noted that in DWI cases, the government presents the breathalyzer as an objective measure of impairment thus if such results are questionable, as is now reportedly the case, the claimed basis for dozens or even hundreds of DWI convictions is called into question.
Mr. Benowitz is the Senior Partner at The Law Offices of David Benowitz, a DC DUI defense law firm based in Washington, DC, with offices in Montgomery County, Prince George's County, and Baltimore, Maryland. Benowitz is a seasoned DC DUI Lawyer who is a member of the National College for DUI Defense. Mr. Benowitz holds an AV Preeminent rating from Martindale-Hubell and has attained a perfect 10 rating from AVVO. He graduated from the University of Pennsylvania cum laude, with a BA in American History. Mr. Benowitz graduated with honors from The George Washington University Law School, where he was a member of the Law Review, the Moot Court Board, and a student lawyer in the Washington DC Law Students in Court Program. Mr. Benowitz received an advanced law degree in Trial Advocacy from Temple University Law School.
Jason Kalafat, an attorney with The Law Offices of David Benowitz, handles DC DUI and DWI cases. Mr. Kalafat is an experienced DUI defense attorney who has defended clients at all levels of local, state and federal courts. Mr. Kalafat began his criminal defense practice as a Deputy Public Defender in Arizona, where he concentrated on felony and misdemeanor cases at the trial level, including DUI, Extreme DUI, Felony Aggravated DUI and vehicular homicide offenses. Later Mr. Kalafat joined the prestigious criminal defense boutique firm Kimerer & Derrick, where his practice concentrated on defending DUI cases. Mr. Kalafat graduated magna cum laude, with a BA in Philosophy, from West Virginia University, where he was the Arts & Sciences Graduate of the Year. Mr. Kalafat is a graduate of the Vanderbilt University School of Law.
For additional information on this story or other DUI defense matters, please contact The Law Offices of David Benowitz at (202) 529-9374. The Law Offices of David Benowitz are located at 406 5th Street, NW Washington DC 20001, as well as Bethesda, College Park, and Baltimore, Maryland.