The goal for the attorney in a DUI case involving a breath test reading over .08 is getting the breath test result thrown out of evidence. In order to get the breath test results thrown out of evidence, the DUI defense attorney might file a motion to suppress the breath test reading when the breath […]
In a recent decision in State v. Drudy, 23 Fla. L. Weekly Supp. 477a (May 13, 2015), Judge Scott A. Farr, in Tampa, Hillsborough County, FL, found that the use of common carrier to transport the Intoxilyzer 8000 breathalyzer between the Central Breath Testing Facility at the Hillsborough County Sheriff’s Office and the repair facilities does not violate the administrative rules.
When Florida purchased the Intoxilyzer 8000 it needed an easy way to show a jury that the machine worked. To do this, officials with the State of Florida worked with the manufacturer of the machine to designed a series of monthly tests. The monthly test is called the “Agency Inspection.” At trial the prosecutor admits […]
What is going on in Hernando County? Anyone with a client charged with DUI at the courthouse in Brooksville, FL, should pay special attention to the whether the DUI breath test instrument was really “approved” and whether Hernando County even had a legitimate breath test operator or agency inspector. Unfortunately, many individuals plead guilty to […]
One of the biggest problems with the Intoxilyzer 8000 involves the slowness of the IR system combined with relative insensitivity of the pyro electric detector. Basically, the Intoxilyzer 8000 only takes two pulses. Because the system is slow slow, it is nearly impossible for the instrument to obtain a proper slope detection. A study done […]
Fight for the Source Code of the CMI Intoxilyzer 8000 Continues Resulting in the Suppression of Breath Test Results in DUI Case Throughout Florida.
Tampa DUI Attorney Blog 