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Material error gives DUI matter off-the-charts significance

A seasoned and aggressive Colorado DUI defense attorney must often rely upon instincts, past experience and creativity when defending a client against drunk driving charges. We note on our website at the established Denver law firm of Shazam Kianpour & Associates that “there are many ins and outs in the law and strategies that a proven attorney can use” while pursuing an optimal result in a given case.

In some instances, law enforcers and criminal prosecutors unwittingly extend help to a defense team by either negligently or purposefully engaging in acts that go beyond the bounds of legal conduct. Doing so clearly breaches the canon of impartiality and fundamental fairness that is the coveted cornerstone of America’s justice system.

A defense attorney with a proven record of client advocacy will forcefully act upon any such lapse and demand that justice prevail.

Defense lawyers are now doing just that in a New Jersey DUI matter that has been described by many national media outlets in almost epochal terms.

In short: A former police official in that state messed up, and in a stupendous manner that could ultimately affect the outcome of many thousands of drunk driving cases. That official failed to accurately calibrate alcohol breathalyzer devices, and reportedly lied in the process. Machines that failed to receive a required check to confirm temperatures relevant to alcohol blood levels featured in legions of DUI-linked arrests and convictions.

The New Jersey Supreme Court formally responded to that last week in a unanimous ruling holding that BAC levels secured from those devices in more than 20,000 cases spanning many years are inadmissible in evidence.

Understandably, turmoil now reigns in the wake of that decision. One in-depth media piece on the matter states that the decision “opens the floodgates” for challenges involving any of the breathalyzers that were handled by the former examiner.

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