May 19, 2008
TUCSON-A judge in Tucson has tossed out alcohol breath tests in 49 DUI cases and a defense attorney says the ruling could have widespread implications.
City Court Judge Thomas Berning's ruling says that breath tests are inadmissible because the company that makes the machine hasn't made its inner workings available to the defense.
One of the defense attorneys involved in the case says there are 50 to 70 pending cases before other judges that were waiting for Berning's ruling.
The ruling doesn't dismiss the cases entirely, just the breath tests.
The Tucson Citizen reports on its Web site that the ruling also could potentially affect every alcohol breath test conducted in the state since Dec. 1, 2006. That's when Arizona adopted the Intoxilizer 8000 machine made by CMI.
Deputy City Attorney Laura Brynwood says prosecutors will appeal Berning's ruling with the next 14 days.
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