ABC27 – Last week, Dauphin County Judge Lawrence Clark ruled that the breath testing machines used in police stations in Pennsylvania are not scientifically accurate.
Attorney Justin McShane, who first asked for all cases in Dauphin County to be reopened, filed a motion to dismiss all current breath tests in the state, and he wants to reopen all convictions that have occurred in the past year and 90 days.
McShane said this could have an impact on thousands of cases in the state.
The effort is not designed to protect drunk drivers, but to guard against people being wrongfully convicted of driving under the influence, McShane said. He added that breath testing is unreliable and scientifically inaccurate, and he hoped the state will use blood testing in the future in all DUI cases.
Dauphin County District Attorney Ed Marsico said he will appeal Clark’s decision.
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