What can I do if my car breathalyzer showed tampering when in fact it has malfunctioned several times?

I am court mandated to have a car breathalyzer. I have received a letter instructing me to return my license for tampering with the machine. I haven’t drank in years. The machine has left me stranded several times. I have had to take it to get serviced several times. Now the court tells me I have to wait for a hearing. Is there anything I can do to expedite this process?

Asked on August 17, 2012 under Criminal Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that the best way to handle the situation that you are in is to consult with a criminal defense attorney and retain an expert with respect to the breathalyzer machine you have on your vehicle to inspect it. His or her purpose is to render an opinion if the machine is giving a false read and if so, testify in court on your behalf.

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