Published: Jan 04, 2012

Lawyer: British Columbia Police Equipment Malfunctions

Frequent tests and technology updates of police equipment is necessary to ensure equipment serves its intended purpose, as evidenced by recent claims in British Columbia. A Vancouver criminal defense lawyer said the city's roadside alcohol screening devices malfunction and aren't properly maintained.

Paul Doroshenko submitted a number of Freedom of Information Act requests regarding the calibration and maintenance reports for the equipment, because he said the devices hold a lot of power: A failed breathalyzer test in the province allows police officers to suspend a driver's license for 90 days.

The accuracy of such tests is a much-debated issue in the law enforcement world. A sociology professor from the State University of New York Potsdam said in a study that breath tests can vary at least 15 percent from actual blood alcohol concentration, and at least 23 percent of people tested get a reading higher than their actual level.

The tests undoubtedly are a key tool to prevent drunken driving, but some legal experts say the devices present a quandary. The study's author quoted a judge who had been accused of being too lenient with drunken driving defendants.

“We have taken an oath to uphold the law,“ Judge Jerome Leonard told North Carolina's Charlotte Observer. “If there’s a reasonable doubt, I have to find that person not guilty."