How many times have you heard that one. "He got off on a technicality".
We hear it all the time. And in the current events category, a trial starts
today in Fort Wayne regarding accused police officer David Bisard, it
could come up again. Bisard is accused of driving his police vehicle while
intoxicated and that in doing so recklessly, he committed the crime of
Operating While Intoxicated Cases Maybe he did, maybe not. Everyone's hope is that whatever happened,
justice is done. And of course, more importantly, let us all hope that
the families of those killed and injured can find some kind of peace in
the process. I am sure all of our hearts go out to the families and that
we empathize as much as we possibly can with their heartache.
But as so often happens in cases like this, the testing methods used to
determine blood alcohol levels is in question. And whenever a person is
found not guilty due to poor testing practices we are certain to hear
it..."he got off on a technicality".
Not really. I have a saying that when the law favors the government, it
is a law. When it favors the accused, it is a technicality. Blood and
breath tests must be done properly no matter what. And if they are not,
they should not be used. Imagine if we did not require the government
to use proper practices and if there was no consequence for not doing
so. Do any of us really belive the government, if unchecked, would always
do the job properly? Of course not.
In fact, within the last few years, an independent audit done by the State
of Indiana determined that the State Department of Toxicology actually
tampered with blood tests done on some driving while intoxicated by Marijuana cases.
The bottom line is, if the police do their jobs properly, the evidence
will be used and trial and no one would ever "get off on a technicality".
In Bisard's case, the Supreme Court of Indiana ruled that the tests
were done properly and can be used. Mission accomplished. The defense
argued that the tests were done improperly, and through due process, the
issue was fully litigated and the Court made a ruling. This time it was
in favor of the State and that's just fine. But it is important to
hold the government accountable for their procedures, as was done in this case.
Who knows what the outcome on Bisard's case will be, but it appears
he will not "get off on a technicality". And once again, the
government is reminded that there are people watching.