Lab Trouble Cited in Bid to Void DUI Case

Alleging misconduct by the Ventura County crime lab, a criminal defense attorney filed a motion Monday to dismiss charges against a client accused of drunk driving.

Kevin DeNoce filed the first of what he believes will be a long line of similar actions by defense attorneys because of problems at the Ventura County Sheriff’s Department crime lab.

The crime lab licensing problem began late last year, when Norm Fort, the department’s forensic alcohol supervisor for more than a decade, retired.

The state gave the lab a 90-day extension that was contingent on good results in a proficiency test.

The lab failed the test in February. Two weeks later the state took over testing at its Santa Barbara lab, officials said. Despite the license suspension, the lab continued to oversee breath tests.

In the motion he filed Monday, DeNoce said the lab defied the state Department of Health Services order for 1 1/2 months by continuing to conduct breath tests and withheld information from defense attorneys. DeNoce said the violation was grounds for having the case against his client thrown out of court.

“The crime lab should not be allowed to intentionally violate state law, the [Department of Health Services] directive and operate without a license with impunity,” DeNoce said in his motion. “This court should not be willing to condone this willful and wanton misconduct.”

A judge is scheduled to decide the issue at a hearing next week.

County prosecutors are reviewing all drunk-driving cases dating back to Nov. 15, 1996, to see if any were compromised.