Breath Test Error

Truth be told, the results of breath tests are not suitable evidence to be used for DWI prosecutions. Breath testing is inaccurate, error prone and subject to numerous calibration issues. These machines use outdated 1970’s technology to produce results that are used to convict people of a serious offense.

Because of numerous issues, state police over in Pennsylvania have decided to halt the use of breath tests for drunk driving. This stems from a ruling in a case defended by Justin McShane (a super DUI attorney and good friend) in Harrisburg.

In the ruling in Commonwealth v Schildt, Judge Lawrence F Clark, Jr. writes,

“As a result of the evidence produced at the hearing, it is now extremely questionable as to whether or not any DUI prosecution which utilizes a reading from an Intoxilyzer 5000EN breath testing device could presently withstand scrutiny based upon the startling testimony of the commonwealth’s own witness, Mr. Faulkner, at the hearing.”

This is further proof that DWI breath testing is outdated and unreliable. I strongly urge any client who has been charged on breath testing evidence to consult with an experienced DWI attorney to look for irregularities in their case.

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Michael Cottrell
Michael Cottrell
11:28 14 Dec 16
Seven Hernandez is a great Attorney . If you have been charged with a DUI don't hesitate to call Steve he will fight for you 100 % . Its rare to find someone who really cares these days and Steve does. He got my DUI dismissed and a very favorable outcome I can't thank him enough. Call Steve you will not regret it.read more
zeeshan noor
zeeshan noor
19:41 15 Feb 17
I had 10 tickets and my 2nd Dwi , refusal, no insurance , and 7 other tickets , Mr steve tried his best and he is very intelligent and energetic i would recommend him 100% in short still i got my refusal ticket but i got rid of 2nd DWI and 8 other tickets got dismissed .. so i would highly recommend him he will fight for u till the end .GOOD LUCK HE IS DWI SPECIALIST ..read more
Kevin Roehrig
Kevin Roehrig
18:19 06 Oct 16
When I had the unfortunate experience of getting a DUI, I hired Steven immediately. I was very worried for what might happen. He said that I would not be going to jail and not to worry. He requested all of the relevant evidence and was able to get me a plea that dismissed the charge. I can't thank Steven enough for his help and would recommend him to anyone seeking legal advice.read more
peter De Angelis
peter De Angelis
15:42 04 Jun 14
Mr. Hernandez was able to take my case and achieve an outcome better than any other DUI Attorney I spoke with. I was so impressed by my initial meeting with him that I hired him on the spot, left and fired my existing attorney right after the meeting. He was responsive, trustworthy believed what happened to me and really was concerned with helping me out of a very bad situation. Everyone expected me to lose my license for at least six months but he was able to do his magic and I walked away with only a 2 point violation and no suspension of my license. Thank you so much for everything! You are truly the best!!!!!read more
Michelle Salgado
Michelle Salgado
21:00 10 Oct 15
Mr. Hernandez is the best! When I got arrested, I was very afraid. I thought my case was a real loser. Mer Hernandez showed me that I was wrong. He was there for me every step of the way. He really cared about my case, but more importantly, he cared about me. I wish he did more than DWI because I would refer everyone to him for any type of legal matter. He was awesome. read more
Abbey samejo
Abbey samejo
16:25 17 Aug 18
Steve is the best attorney he is polite kind and he always showed up on time and got my dui dismissed I can’t thank him enough 😊read more
Justin J. McShane
Justin J. McShane
16:52 28 Feb 14
Attorney Hernandez is a dogged fighter for all citizens among us who have been accused. His thirst for knowledge is only rivaled by his thirst for justice. He uses his reputation, knowledge and experience in order to try to achieve success for those who trust him. A fine example of a dedicated courtroom warrior is Steven Hernandez. If you are charged with a DWI in New Jersey you are in good hands with Steven Hernandez.read more
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