Thursday, June 28, 2007

Creative attack on Intoxilyzer fails

In Rockingham County, defense attorney Robert Keefer noted that the government agency responsible for testing the Intoxilyzer 5000 had requested updated equipment because the current Intoxilyzer was "outdated, unstable and unreliable." Mr. Keefer ran with that agency self-assessment and requested the court appoint an outside expert to test the equipment. If the Intoxilyzer was inaccurate, then the results of the test should not be admissible. The court denied his request. The government agency has since disavowed the language in the funding request and called its machines "accurate."