Florida Judge Throws Out Over 100 DUI Breath Test Results

Leland Garvin — Thu, 15 Jan 2009 03:01:00 +0000

A Manatee County Judge ruled that the Breath Test results in over 100 DUI cases are inadmissible at trial.

For the past 3 years, Florida Defense Attorneys have been arguing that breath alcohol results obtained from the “Intoxilyzer 5000″ should be suppressed based on the fact that the manufacturer has refused to release the machines source code.

Defense Lawyers have argued that their clients have a right to have DUI experts analyze whether the machines are functioning properly.

The Kentucky-based manufacturer has refused to release the machines source code, citing the fact that the code is a protected trade secret. This refusal has already resulted in over $2 million in fines against the company.

These defendants may not be completely in the clear as prosecutors could still take these Drunk Driving cases to trial using other evidence, such as admissions of guilt, field sobriety tests and other evidence. However, without the breath tests at their disposal this would be unlikely except the most severe situations.

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Florida Judge Throws Out Over 100 DUI Breath Test Results