In November 2010, Houlon Berman’s managing partner, Richard A. Finci, noticed that two separate clients with District of Columbia DUI cases involving very high breath testing results had retained the firm. Neither client demonstrated extreme levels of intoxication and so an investigation of the breath testing utilized in the cases were started. Upon obtaining documentation from the breath testing equipment involved, it was readily apparent that the breath testing results generated by these machines were erroneous. At the same time, other members of the Bar were discovering the same things and the District of Columbia breath testing program was shut down. All breath testing results were excluded from evidence. Ultimately, the charges against both Houlon Berman clients were entered Nolle Prosequi. To this day, Houlon Berman attorneys are at the forefront of the challenges against the District of Columbia breath and urine testing programs. Most recently, Houlon Berman has retained a forensic toxicologist to explain why a urine test obtained by Metropolitan Police Department officers is inaccurate and overstates the blood alcohol content of the Houlon Berman client.
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