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Faulty Breath Tests in Ventura


The District Attorneys Office in Ventura is in the process of reviewing approximately 300 DUI cases because of problems with the hand-held Alco-Sensor V breath testing device. This device is used as a preliminary screening device and is not normally the only evidence of breath or blood alcohol levels in a case as a suspect is also required to submit to an additional test after a lawful DUI arrest.

Preliminary inquiries have revealed a potential problem with the breath testing machine's mouthpiece causing erratic readings. In cases where the results of the machine were an important or primary piece of evidence, the District Attorneys Office will be considering dropping charges. Ventura County District Attorneys Office has a policy of non-negotiation in DUI cases.

Unlike in other jurisdictions where plea negotiations are possible resulting in reduction in charges, the DA's Office in Ventura will only accept a plea to DUI otherwise Jury Trial is the only option. There is no such thing as a Wet Reckless in Ventura. In addition, Ventura County also imposes formal probation on DUI cases and judges routinely impose some jail time even on first time offenses.

As a Los Angeles DUI Defense Lawyer, it is always a tough experience representing a client charged with a DUI in Ventura. We have a saying “Go to Ventura on vacation and come back on probation.”