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	<title>Comments on: Falsifications of Breathalyzer Records Continue</title>
	<atom:link href="http://www.duiblog.com/2008/10/25/falsifications-of-breathalyzer-records-continue/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.duiblog.com/2008/10/25/falsifications-of-breathalyzer-records-continue/</link>
	<description>Bad Drunk Driving Laws, False Evidence and a Fading Constitution</description>
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		<title>By: msk</title>
		<link>http://www.duiblog.com/2008/10/25/falsifications-of-breathalyzer-records-continue/comment-page-1/#comment-11012</link>
		<dc:creator>msk</dc:creator>
		<pubDate>Wed, 14 Oct 2009 20:07:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.duiblog.com/?p=1127#comment-11012</guid>
		<description>***UPDATE***    --&gt;machine inspector found guilty; story from the Associated Press:

Convictions set aside after Department of Public Safety contractor convicted of falsified inspections records for police intoxilyzers.

ASSOCIATED PRESS 
Monday, October 12, 2009

HOUSTON — More than 1,200 driving while intoxicated convictions in Harris County are invalid after a contractor was convicted of faking inspections of alcohol breath testing devices, prosecutors said.

Deetrice Wallace, a Department of Public Safety contractor, told investigators that she had falsified inspections records for South Houston and Clute police department intoxilyzers.

Wallace was prosecuted for three counts of tampering with a governmental record and on Friday was sentenced to a year in prison.

Harris County Assistant District Attorney Terese Buess said about 1,000 defendants convicted of DWI can petition for a retrial without evidence submitted by Wallace. Some defendants had more than one case affected.

Buess said Wallace manipulated the machines instead of changing the reference sample every month and pocketed $146,000.

From 2002 until she was arrested in October 2008, Wallace handled DPS instruments that were used to determine alcohol concentration in DWI cases for at least seven police departments: League City, Friendswood, Webster, Seabrook, Galveston, Clute and South Houston.

Buess said Wallace signed off on about 4,000 test slips. Of those, some did not result in convictions and others were not in Harris County. Buess did not know how other counties would address the problem. The prosecutor was not optimistic about seeking 1,200 convictions again because the office will not have test results, and other evidence has been destroyed, including videotapes.

DPS officials invalidated all breath tests recorded by intoxilyzers under Wallace&#039;s supervision because they could not pinpoint the date when her unethical behavior began.

&quot;It&#039;s just a massive problem that is not going to go away,&quot; Buess said. &quot;It&#039;s a huge mess.&quot;</description>
		<content:encoded><![CDATA[<p>***UPDATE***    &#8211;&gt;machine inspector found guilty; story from the Associated Press:</p>
<p>Convictions set aside after Department of Public Safety contractor convicted of falsified inspections records for police intoxilyzers.</p>
<p>ASSOCIATED PRESS<br />
Monday, October 12, 2009</p>
<p>HOUSTON — More than 1,200 driving while intoxicated convictions in Harris County are invalid after a contractor was convicted of faking inspections of alcohol breath testing devices, prosecutors said.</p>
<p>Deetrice Wallace, a Department of Public Safety contractor, told investigators that she had falsified inspections records for South Houston and Clute police department intoxilyzers.</p>
<p>Wallace was prosecuted for three counts of tampering with a governmental record and on Friday was sentenced to a year in prison.</p>
<p>Harris County Assistant District Attorney Terese Buess said about 1,000 defendants convicted of DWI can petition for a retrial without evidence submitted by Wallace. Some defendants had more than one case affected.</p>
<p>Buess said Wallace manipulated the machines instead of changing the reference sample every month and pocketed $146,000.</p>
<p>From 2002 until she was arrested in October 2008, Wallace handled DPS instruments that were used to determine alcohol concentration in DWI cases for at least seven police departments: League City, Friendswood, Webster, Seabrook, Galveston, Clute and South Houston.</p>
<p>Buess said Wallace signed off on about 4,000 test slips. Of those, some did not result in convictions and others were not in Harris County. Buess did not know how other counties would address the problem. The prosecutor was not optimistic about seeking 1,200 convictions again because the office will not have test results, and other evidence has been destroyed, including videotapes.</p>
<p>DPS officials invalidated all breath tests recorded by intoxilyzers under Wallace&#8217;s supervision because they could not pinpoint the date when her unethical behavior began.</p>
<p>&#8220;It&#8217;s just a massive problem that is not going to go away,&#8221; Buess said. &#8220;It&#8217;s a huge mess.&#8221;</p>
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	<item>
		<title>By: swl46</title>
		<link>http://www.duiblog.com/2008/10/25/falsifications-of-breathalyzer-records-continue/comment-page-1/#comment-1892</link>
		<dc:creator>swl46</dc:creator>
		<pubDate>Sun, 26 Oct 2008 23:05:38 +0000</pubDate>
		<guid isPermaLink="false">http://www.duiblog.com/?p=1127#comment-1892</guid>
		<description>This woman is dealing with people&#039;s lives. Because of her, there have probably been many people who have been falsely accused of drunk driving.</description>
		<content:encoded><![CDATA[<p>This woman is dealing with people&#8217;s lives. Because of her, there have probably been many people who have been falsely accused of drunk driving.</p>
]]></content:encoded>
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		<title>By: David W</title>
		<link>http://www.duiblog.com/2008/10/25/falsifications-of-breathalyzer-records-continue/comment-page-1/#comment-1890</link>
		<dc:creator>David W</dc:creator>
		<pubDate>Sun, 26 Oct 2008 05:25:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.duiblog.com/?p=1127#comment-1890</guid>
		<description>Maybe MADD ought to be put in charge of this.

You know, donate a little time to make sure we don&#039;t have any &quot;falsely accused&quot; individuals have their live&#039;s flipped upsidedown because they may have had a beer on the way home, but got stopped in a roadblock. Then found themselve&#039;s spending thousands to go to court, find the charges were without merit,, then be sent home not guilty.

Without even a mention of an apology no less. Sounds like someone I know.

They are caring souls,,aren&#039;t they?</description>
		<content:encoded><![CDATA[<p>Maybe MADD ought to be put in charge of this.</p>
<p>You know, donate a little time to make sure we don&#8217;t have any &#8220;falsely accused&#8221; individuals have their live&#8217;s flipped upsidedown because they may have had a beer on the way home, but got stopped in a roadblock. Then found themselve&#8217;s spending thousands to go to court, find the charges were without merit,, then be sent home not guilty.</p>
<p>Without even a mention of an apology no less. Sounds like someone I know.</p>
<p>They are caring souls,,aren&#8217;t they?</p>
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