Thursday, September 16, 2010

San Francisco PD Give Improper Breath Tests

California state law, California Code of Regulations, Title 17, requires that every laboratory have an "Approved Protocol" on file with the State Department of Health Services. The San Francisco Police Department, who earlier this year was shown by the San Francisco Public Defender to be hiding information of criminal actions by police officers, which prevented the defendant to show the bias of police officers. Now, it has come to the attention of defense lawyers that the San Francisco Police Department's (SFPD) Crime Laboratory of hiding and not disclosing to the defense that the SFPD has not received an approved protocol to train operators, either police officers or anyone else that will give a breath test, and is testing suspected DUI drivers on their Intoxilyzer 5000, series 6800EN, that has not been authorized by the State of California. There is even a letter from Ms. Lois Woodworth who is now in-charge of the breath testing since the retirement of Ms. Madden, who has been charged with stealing cocaine from the crime lab for personal use, to Mr. Clay Larson of the Department of Health Services stating she did not have time to make up a protocol for the breath testing machine used in all DUI arrests. Yet, the SFPD does not tell the defense attorneys, or the San Francisco Public Defender's office that they have not been approved by the State to use these machines in testing suspects arrested for Driving Under the Influence of Alcohol (DUI). This is a violation of State law of operation of the machines, and worse a violation of the Defendant's Constitutional Rights to all evidence in the possession of the Prosecutor who has a duty to turn over all evidence, especially exculpatory evidence, that of credibility, for the defense in all criminal cases. Who knows how many defendant's have been denied this Constitutional information and been found guilty from this outrageous illegal conduct? This is why you should be hiring an experienced and highly respected DUI lawyer to represent you in your case. See www.duioffice.com

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