A recent review of a Colorado toxicology lab found that a woman who headed the lab had a strong prosecution bias, which could have affected a number of Colorado DUI cases. According to an independent report, the chief administrator actively wanted defendants convicted of DUI. Employees at the lab have admitted that she wanted to help prosecutors. It is unclear if her alleged bias resulted in the tampering of tests, but the allegations call into question the results of thousands of tests and the testimony of her employees.
A review by the Department of Public Health reveals that she may have tampered with tests or even lied in court to aid the prosecution. The review took place months ago, but the results of that review were only released this month. She stepped down from her position in May.
In addition to her alleged bias, the training of the workers at the lab has been questioned. There appears to have been a lack of training, supervision, and regulation. According to Channel 2 News, the District Attorney’s Council claims that evidence has not been tampered with and therefore, recent convictions should stand. However, experienced local defense attorneys, such as Timothy Bussey, wonder how this case not only affects specific DUI cases but also other criminal cases that compiled based on lab results.
This controversy points out the importance of securing a skilled criminal defense attorney. Too many Colorado drivers charged with DUI fail to fight the charges they face. It is not advisable to answer questions from law enforcement officials or to accept a plea deal without first discussing your legal options with a Colorado Springs DUI criminal defense lawyer. It may be possible to have evidence dismissed, penalties reduced, and charges dropped.
For more information on how tampering of evidence in a lab could lead to unjustified DUI convictions, watch this video in which Timothy Bussey himself explains the harms of such practices: