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Letter to the EditorTo: The Patriot Ledger
Regarding your
editorial of 3/19/07:
Finding new
ways to help clients "beat the rap" is exactly what good defense attorneys
have always done, and must do if our judicial system is to be kept
honest. The flip side of that statement is "Prosecutors are putting their
considerable energies into finding new ways to put defendants behind bars",
yet somehow that doesn't sound quite so inflammatory to most people.
You cite a drop
in the total number of drunk diving convictions, and claim that "convictions
are down due to defense tactics designed to raise doubt about the
reliability of breath-test evidence." Is there even the slightest evidence
to suggest this? Is it possible that the total number of drunk driving
arrests is down, and the conviction rate is the same, or even higher?
Finally, you
seem to suggest that questioning the validity and accuracy of breath-test
machines is simply a "loophole". In fact, given that simply blowing a .08 is
per se illegal and sufficient grounds to land you in jail, it is
more than reasonable that the Commonwealth must be required to prove that
the machines are accurate in all cases, and that the number actually means
something. As a defense attorney, I can't cross examine a machine. I can't
even independently examine or test the machine. There is a vast amount of
scientific study that shows countless flaws in the design and operation of
these devices. False positives can easily appear, based on acid reflux,
stomach disorders (GERD), mouth alcohol, consumption of bread, abnormal
breathing patterns or other physiological issues, rising blood alcohol level
at the time of the test, radio frequency interference, poor machine
maintenance or calibration, and more...
Your editorial
seems to suggest that simply on the basis of a number put out by a
mysterious box which can't be challenged, my client is supposed to go to
jail. Such an outcome would be a dangerous abuse of justice, and
un-American.
Russell Matson,
Attorney at Law
Attorney Russell Matson is a criminal defense attorney who concentrates his practice in OUI (Operating Under the Influence) defense. He is a sought-after legal speaker and commentator, having been seen on Fox25 News and Channel 5 in Boston. He has been quoted in the Patriot Ledger, Boston Herald, and Men’s Health Magazine, and he has lectured on OUI & Massachusetts Registry of Motor Vehicle and Hardship License issues for Massachusetts Continuing Legal Education (MCLE) and the Massachusetts Association of Criminal Defense Lawyers (MACDL). His web site is http://www.madrunkdrivingdefense.com. --- |