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Invalid Breath-Test Causes Major Concerns

By Kevin Kitt
By Emily Dwire
March 3, 2013 Updated Mar 3, 2013 at 8:16 PM EDT

INDIANAPOLIS (www.incnow.tv) – An Indianapolis attorney says the state has failed to update its rules for validating breath-test instruments, putting hundreds of drunken-driving cases that rely on the test results in jeopardy.

According to our partner in news, The Journal Gazette, attorney John Tompkins says that breath tests administered to drunken-driving suspects, since the first of January, are not valid because the Indiana Department of Toxicology failed to update its procedures.

As a result, the department’s authority to certify breath-test machines and their use by law enforcement is no longer valid.

Tompkins has filed legal motions in nearly a dozen central Indiana court cases.



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