Are Drunk Driving Cases at Risk of Being Thrown Out
By: Michael C. Fehn
Updated: March 4, 2013
Hundreds of Indiana drunk-driving cases may be in jeopardy if an Indianapolis attorney gets his way.
Attorney John Tompkins says breath tests administered since January first aren't valid, because the Indiana Department of Toxicology failed to update its procedures as part of a 2011 requirement.
Tompkins says the DOT missed the July 1, 2012 deadline for the changes. He says that means the department lacks authority to certify breath-tests and their use by law enforcement.
An attorney for the Department of Toxicology says the department disagrees with Tompkins' allegations.
Attorney John Tompkins says breath tests administered since January first aren't valid, because the Indiana Department of Toxicology failed to update its procedures as part of a 2011 requirement.
Tompkins says the DOT missed the July 1, 2012 deadline for the changes. He says that means the department lacks authority to certify breath-tests and their use by law enforcement.
An attorney for the Department of Toxicology says the department disagrees with Tompkins' allegations.
