DUI Breath Testing Machine Often Inaccurate, Leading to Wrongful
Convictions
PRESS RELEASE
April 17, 2006
Minneapolis, Minnesota - Douglas Hazelton of Hazelton
Law Offices, a law firm serving Minnesota clients charged with DWI/DUI
statewide for more than 12 years, believes many drivers are often wrongfully
convicted of DUI because of inaccurate results by breath testing machines
used after Minnesota DUI stops.
To prove it Hazelton will be heading to Manchester, New Hampshire this
June to become a certified Intoxilyzer 5000 breath test device operator. The
course is being offered by Industrial Training and Design of Saskatoon, Saskatchewan,
Canada.
Hazelton hopes that by mastering the mechanics of the Intoxilyzer 5000
– a gizmo that uses infrared light to measure the amount of alcohol on
a person’s breath - he will be able to exploit any potential shortcomings
the contraption may have.
Hazelton believes he is among the first DWI/DUI defense lawyers in the
Twin Cities area to pursue such accreditation, which he will receive after
the three-day course. "Most people think that only law enforcement officers
can be certified," Hazelton said.
"They have no idea how inaccurate the Intoxilyzer can be," Hazelton
said. "Both the public and many judges assume that if the State of Minnesota has approved
the use of the machine, it’s reliable."
"In fact, this belief is even widespread among defense attorneys. Many defense
attorneys do not understand the internal workings of the machine to properly
cross-examine the police officers and state experts regarding its operation."
Hazelton predicted the training will give him just the sort
of evidentiary edge he feels prosecutors enjoy because defense attorneys are
not allowed to attend Intoxilyzer training classes given to law enforcement
locally by the Minnesota Bureau of Criminal Apprehension.
"Even though I have to travel across the country for the same training law enforcement officers can receive
across town, it will all be worth it for my clients if I am better able to
question the state's witnesses at trial about weaknesses in the Intoxilyzer
- which also weakens the prosecution's case," he said.
Last year, Mr. Hazelton received the "Super Lawyer" designation in the area
of Criminal Law. The primary focus of his practice is defending drivers accused
of alcohol-related offenses (DWI/DUI).
Douglas V. Hazelton, Attorney at Law
Northland Plaza Bldg.,
Suite 1590
3800 American Boulevard
Bloomington, MN 55431
Phone: 612-334-3342
FAX: 952-543-3902
E-mail:info@halbergdefense.com
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