Hundreds of people charged with DUIs between December 2012 and January 2014 may be eligible to get their cases thrown out and their driving privileges reinstated due to a recent Missouri Supreme Court decision.
The decision involved a ruling in which the Missouri Supreme Court decided that a specific motorist should have her driving privileges reinstated after it was found her 2013 roadside breathalyzer test wasn’t properly completed as a result of a faulty calibration regulation written by the state.
The flaw turns up in a regulation that has been on the books from December 2012 to January 2014. It states that breathalyzers needed to be calibrated with a chemical solution and vapor concentration of 1.10 percent/0.08 percent and 0.04 percent.
The word “and” appears to be causing the issue in this case, as it indicates that all breathalyzers should have been calibrated with three solutions (and not just one or two of them) during the specified time frame.
State of Missouri’s Response
The Missouri Department of Revenue and local law enforcement claim the regulation flaw was just one oversight and a minor technicality; however, opposing attorneys were able to successfully argue that, for BAC tests to stand up in court, the breathalyzers had to be calibrated properly. And they simply were not in many cases spanning December 2012 through January 2014.
Is a Class Action on the Horizon?
The ruling in this case could have significant impacts for thousands of people, leading some to suspect that a larger class action may soon be filed. Those who were convicted of a DUI on questionable BAC results during the specified period may benefit from pooling their claims, many (if not most) of which involve losses related to spending time in jail, losing jobs and/or licenses, having a criminal record, etc.
Contact a St Louis DUI Lawyer at Brown & Brown Attorneys at Law
If you have been charged with a DUI in Missouri or Illinois, contact an experienced St Louis DUI lawyers at Brown & Brown Attorneys at Law for a strong, effective defense.
For decades, our attorneys have been aggressively defending the rights of the accused, helping them navigate the complex criminal system as we bring their case to the best possible resolution.
To learn more about how we can help you, attend a free, no obligations initial consult with a St Louis traffic and DUI lawyer at Brown & Brown. You can schedule this meeting by calling us at 573-333-3333 for our Missouri office or at 618-888-8888 for our Illinois office. You can also email us using the form at the right-hand side of the screen.