A ruling by a Hennepin County judge may open a number of previous DUI cases up to appeal.
The decision by Hennepin County Judge Mary Vasaly states that findings from the Datamaster breathalyzer device aren’t perfectly accurate. According to Judge Vasaly, the Datamaster device has rounded up a test number for at least one convicted DUI offender.
The case came before the judge after a local woman petitioned the court to alter her DUI conviction. The woman won her case, as Vasaly said that based on the evidence, “it is more likely than not that the alcohol content in the first breath sample did not test at .16, or above.”
The woman’s driver’s license was suspended due for a year to her elevated blood alcohol concentration, but Vasaly agreed with the defendant, saying “the breath test results were not a sufficient basis for revocation of (the woman’s) license.” Judge Vasaly ruled that the defendant’s license should have only been suspended for three months.
Opens Pandora’s Box
Chuck Ramsay, who represented the woman at trial, said the problems with the Datamaster machine could reopen hundreds of cases where individuals were convicted by a slim margin.
“These people could very well have been convicted of a crime that is not supported by the evidence, and they are now suffering with lost employment, family troubles and financial burdens,” he said. “People in this position, under current law, would have two years to challenge their conviction. And anyone facing a current DUI charge at .04, .08 or .16 now have a good chance of having their case change significantly.”
However, the Minnesota Department of Public Safety isn’t taking the ruling sitting down. They are reviewing Vasaly’s ruling in order to see if they have recourse to prevent a bunch of old cases from being reopened.
So if you were convicted of a DUI because you blew a 0.04 and are a CDL holder, you received an upgraded charge because you just barely broke the 0.16 threshold, or your DUI charge stuck because you were just above 0.08, you may have a real chance to appeal and win your case. Whether you want to have your case reexamined, or you need help with a current DUI charge, reach out to the experienced lawyers at Appelman Law Firm today.
