An amazing story in a recent Washington Post shows that the law is enforced against the prosecution in a fair way. At least sometimes, it is.
The head prosecutor in Washington, DC said that since police officer improperly adjusted the various breathalyzer machines. The led to higher readings that would otherwise be obtained had the machine been properly calibrated.
Of course, this will lead to a torrent of lawsuits, as it should.
Despite that, though, Peter Nickles deserves a lot of credit for doing the right thing. It is never easy for a prosecutor to use any discretion in DWI cases. Doing so here was not only the right thing, but a courageous one as well.
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