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Court ruling calls into question DUI cases - abc27 WHTM

Court ruling calls into question DUI cases

Posted: Updated:
HARRISBURG, Pa. (WHTM) -

Dauphin County Judge Lawrence Clark has ruled that current calibration methods for breath testing machines in Pennsylvania do not allow for accurate measurements of samples outside the range of 0.05 to 0.15 percent.

The ruling came in late December during the case of Commonwealth v. Schildt. Attorney Justin McShane introduced expert testimony that supported the claim that tests results that fall outside the range lack scientific backing.

Clark's decision could open the door for a few hundred DUI cases in Dauphin County to be revisited.

Cases in Dauphin County that are currently pending or a guilty plea or conviction within the last year and 90 days are eligible for review. The case must involve an evidentiary breath machine that is used at police stations.

District Attorney Ed Marsico said he may appeal Clark's ruling, but he says his staff will be able to handle the reopening of cases.

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