Drunk-Driving Case Dismissals Pushed

Defense attorneys argued that some or all of hundreds of disputed drunken driving cases should be dismissed or a grand jury investigation should be convened as closing arguments got under way in the case Wednesday in Ventura County Superior Court.

However, prosecutors countered that to dismiss the cases would be to ignore the evidence, and that clearing a large number of drunken drivers would be unfair to the public.

“The people who are really going to be punished are the public . . . the victims of drunken drivers in the future,” Deputy Dist. Atty. Peter Kossoris said.

The case involves more than 600 cases that were allegedly mishandled by the county’s crime lab. A group of defense attorneys who are trying to have the cases dismissed completed closing arguments Wednesday.

Attorney Robert Huber, who suggested that the grand jury step in, called on Judge Steven Z. Perren to dismiss the cases. Otherwise, he said, “I believe that the community at large will feel that the truth has been violated.”

Perren interrupted both sides a number of times with questions. He noted at one point that the court must necessarily be reticent about releasing so many people who allegedly drove drunk.

If the crime lab is found to have erred in a case, should the court conclude “automatically that’s an ‘erase’ sign, and the whole case goes into an abyss?” he said.

The prosecution is scheduled to wrap up its closing argument today, and Perren is expected to issue a decision next week.