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bad decision in phila. pa (breathalyzer miscalibration)

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  • bad decision in phila. pa (breathalyzer miscalibration)

    I had a second dui in which I was given opportunity to plead guilty to charge and would receive a dui court sentence that involved 10 days in jail, 20 days house arrest, i year probation and fines. Due to breathalyzer miscalibration all charges were dropped except my plea of guilty. Can I have this plea overturned?

  • #2
    re: bad decision in phila. pa (breathalyzer miscalibration)

    I wish to inform you that a plea of guilty can be withdrawn if the defendant can show that if the plea of guilty is not withdrawn then there could be a miscarriage of justice. For the defendant to establish that a plea of guilty is to be withdrawn, he must demonstrate circumstances which show that the plea was not attributable to a genuine consciousness of guilt. Circumstances which support the plea of guilty include a case where there is no evidence upon which the defendant could have been convicted.

    AFF

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    • #3
      re: bad decision in phila. pa (breathalyzer miscalibration)

      Breathalyzer calibration is not a charge. If you are saying they withdrew all other charges, that does not mean they do not have evidence to convict you of DUI. You made the plea willingly and under the terms for such a plea, therefore no compelling interest is served by the prosecutor supporting a post conviction motion.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

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      • #4
        Re: bad decision in phila. pa (breathalyzer miscalibration)

        A defendant does not have an absolute right to withdraw a guilty plea, but “a plea can be withdrawn if the defendant makes a showing that denial of the request will subvert justice.”

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        • #5
          Re: bad decision in phila. pa (breathalyzer miscalibration)

          Originally posted by steverubin View Post
          I had a second dui in which I was given opportunity to plead guilty to charge and would receive a dui court sentence that involved 10 days in jail, 20 days house arrest, i year probation and fines. Due to breathalyzer miscalibration all charges were dropped except my plea of guilty. Can I have this plea overturned?
          You need to see a criminal defense lawyer right away. What you are asking is that since the breathalyzer, the instrument that brought the conviction, was faulty, the evidence was flawed, can you get the case dismissed -- despite your guilty plea.

          You will need a lawyer to make that motion before the court, if PA law allows. So I strongly suggest you see a criminal defense lawyer with the facts of your case to see if you can get the entire case dismissed and therefore, the conviction. In cases where jury has found someone guilty and it later was discovered that the evidence was false or faulty, the conviction was overturned. One would think the same would apply in a case where the evidence was faulty, leading the defendant to believe it was accurate and plead guilty on that belief.

          Since a 2nd DUI conviction is a heavy one, see a PA lawyer right away.

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