Check out this interesting article by Leonora LaPeter Anton, St. Petersburg Times Staff Writer.

Click here to read the article – Florida’s Intoxilyzer 8000 on trial

The article discusses Stephen Daniels with D.U.I. undo Consultants, LLC. The article also discusses DUI Attorney, Robert N. Harrison, and his efforts to have the breath test results excluded in Sarasota County and Manatee County. During a hearing last week Mr. Harrison asked five county judges from Sarasota and Manatee counties to exclude the readings from the Intoxilyzer 8000.

New evidence has shown that the alcohol testing program intentionally designed the software to delete more than 40 pieces of data that go into generating the reading including the sample attempts and sample duration. In fact, each state that uses the Intoxilyzer 8000 can design their own software to preserve or delete these numerical results. Without all of the data determining whether the results are accurate or reliable in a particular case are impossible.

Why delete this information so that judges, prosecutors and defense attorneys cannot know all of the numerical results generated with a particular readings? Apparently, Laura Barfield, the head of FDLE’s alcohol testing program testified that she wanted to keep it simple because the breath test technicians that would be testifying at trial do not have any training to be able to understand or explain these 40 pieces of data. The less information available means the easier it is to convince a jury that the machine works.

In another twist, Stuart Hyman has signed a stipulated agreement with the prosecutors in Seminole County and CMI, Inc. (the manufacturer of the Intoxilyzer 8000) that allows Dr. Myler to travel to Owensboro, Kentucky to view the source code. The order requires the source code inspection to take place within 90 days.

We have also retained Dr. Myler and Stephen Daniels in our pending motions before a three judge panel to exclude the breath test results for our clients in Hillsborough County, FL.