If you recall a while back there was breaking news about the Colorado Springs Crime Lab reanalyzing all their 2009 blood alcohol cases after finding errors that showed an ongoing high bias.
Below is an interview of a prominent Colorado Springs DUI Attorney Timothy R. Bussey.
Timothy R. Bussey’s phone started ringing when Colorado Springs Police announced in December that crime lab mistakes had led to inflated results in about 82 blood alcohol content tests.
Most of the calls were from clients wondering if the mistakes would have an impact on their DUI cases, an area of the law in which Bussey specializes.
Bussey has taken an active interest in the discovery of the lab result errors. He recently filed a Colorado Open Records Act request for more information, but did not get all of the information he requested.
The 4th Judicial District Attorney’s case is compiling a report on what impact the lab mistakes had on DUI cases. That report is expected to be out this week.
Meanwhile, The Sidebar put five questions to Bussey. Here are his responses:
Were you surprised when the Colorado Springs Police Department disclosed that there had been 82 cases in which blood alcohol test results were overstated?
Certainly it was a great cause for concern when a forensic laboratory is committing repeated errors. A forensic laboratory must conform to strict protocols and comply with certification requirements. If there is a deviation from the protocols the erroneous results create confusion and doubt in the legal process.
What’s been the reaction to that news among your clients?
My clients have requested information concerning their case and want to know what is going on at the CSPD Laboratory. They are concerned that an error was made on their test.
How did you become interested in DUI defense as a specialty?
I began defending DUI cases as a military defense counsel in the Air Force at Peterson AFB. I had some success defending clients. I then left the military and went to the District Attorney’s Office and prosecuted DUI cases. When I went into private practice it was a natural transition.
What’s the key to being an effective defender in a DUI case?
A good DUI defense attorney knows the science behind the DUI investigation. You must be willing to challenge the law enforcement investigation and exploit any weaknesses in the government’s case.
What’s your favorite law movie?
“My Cousin Vinny”
Article Originally posted in the Colorado Springs Gazette.
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