There are many reasons to be suspicious of breath or blood test results. A Corrections Officer acting less-than truthfully is not generally on the top of the list.
After all, all sorts of things can register a higher reading than the driver’s actual blood alcohol content (BAC). Things like mouthwash, cough syrup and certain chewing gum may impact a breath test results. However, when a corrections officer lies under oath in a DUI case, those test results may be worthless.
Chemical testing in DUI cases is as accurate as possible. Police departments have guidelines and procedures in place to ensure legitimacy. In an instance when the police don’t follow procedures, however, it could result in chemical test results that are less than accurate. What makes it even more unjust for a defendant in a criminal DUI case, is if the police officer lies about following those procedures.
One Example of Corruption in the Court
In Louisville, Kentucky, a corrections officer was suspended from her position with the Louisville Metro Corrections for lying under oath. In a recent DUI trial in the Jefferson District Court, Officer Liliana Hernandez admitted that she lied under oath on more than one occasion. Hernandez may be involved in more than 200 pending DUI cases at risk, as a result of her suspension and untruthful actions.
It all started when attorney Paul Gold sent a letter to the director of Metro Corrections, Mark Bolton. The letter expressed concern with Hernandez’s practices as a breath analysis technician. Gold asked Bolton to consider investigating possible violations of jail policy and procedures which came to light after reviewing video footage from cameras in the lab.
According to Gold’s letter, there were two main violations. First, the required implied consent warning was not properly read to the people taking the chemical tests, as required by law. Second, a breath test operator is required to observe the individual for a 20-minute period. Hernandez did not follow protocol in several cases. Gold also alerted Bolton that Hernandez did not testify in at least two DUI cases. .
Prohibition for Corrections Officer
Following the letter, Director Bolton prohibited Officer Hernandez from working in the breath analysis area. Hernandez appeared to testify in a DUI trial and she said she was currently a breath analysis operator. However, when Gold asked her about that statement, she admitted to lying to the judge. Then when Gold asked why a suspect interview report appeared to differ from the video footage, Hernandez again admitted to lying.
Hernandez was suspended pending the current investigation. The case is also under criminal investigation. Director Bolton said in a press release, “If these allegations are true, this officer has done tremendous damage to her reputation and ruined her career with Metro Corrections. I am disgusted by what the court record reveals about the officer’s conduct in this case.”
According to Gold, nearly 300 cases have Hernandez scheduled as a witness. A spokesperson for the county attorney’s office said they were working to determine the best course of action going forward. However, it is difficult to see how she could be a likely witness. She has a suspension and lack of credibility that warrant a second look.
Do Not Let Corruption Ruin Your Life
If you should find yourself arrested for DUI or convicted on criminal charges, call 1.800.NO.CUFFS. We employ California’s best attorneys to defend your case. Don’t let a corrupt corrections officer impact your life. Call us 24/7. We don’t sleep – so you can.
