Those arrested for driving under the influence of alcohol in Dodge County between July of 2012 and July of 2015 may be able to get that conviction overturned. The Dodge County Attorney reports the breathalyzer equipment was not properly calibrated. There were more than 180 DUI cases during that time period and those impacted by the error have been notified.
Omaha Criminal Defense Attorney Jonathan Crosby says those individuals may want to contact an attorney to review their options. He says, “If you pled guilty it is a different analysis. The only way you can withdraw your previously entered guilty plea is to demonstrate that you didn’t do so knowingly, voluntarily or intelligently. The argument here could be I didn’t have the right information the state provided.” Crosby says a lot of information isn’t known yet because the defect of the calibration hasn’t been released.
The person responsible for calibrating the Datamaster breath testing equipment worked for the Dodge County Sheriff’s Office resigned last week.