10 cases of breathalyser convictions identified

TEN people found guilty of drinkdriving may see their convictions overturned after being tested with faulty breathalysers.

The ten so far identified were among at least 86 caught drinkdriving after being tested on the faulty Drager 7150 breathalysers.

Police on Tuesday announced they were recalling all 400 of the latest state-of-the-art devices.

The recall means any drivers who were fined or charged after failing a test on a defective device will be eligible to have that overturned.

Figures released by police yesterday reveal that 348 of the devices had so far been tested, with 58 found to to be defective.

Police have identified 86 charges laid or infringement fines issued as a result of the defective readings, and 10 cases where a driver has been convicted.

Police say no-one has been jailed as a result of convictions entered due to the defective readings found so far, but ‘‘this may change as we progress through our inquiries with the remaining devices’’.

A police spokesman said those people who elected blood tests despite a potentially faulty breath reading were likely to still be prosecuted, ‘‘given that the blood result legally overrides the breath result’’.

Meanwhile, Drager has said it ‘‘sincerely regrets the situation that has arisen and is doing everything in its power to help resolve the issue as quickly as possible’’.

‘‘The testing process is expected to take several more days. A number of these instruments have been sent to Germany for detailed analysis.’’

The Drager 7510 units, which cost about $900 each, were rolled out in May. They administer three different breath-alcohol tests and provide the evidential reading that is used in court, eliminating the need to be tested in a booze bus.

National manager of road policing Superintendent Steve Greally said any prosecutions that may have resulted from those devices would be waived.