Judge Throws Out More Than 100 Breathalyzer Tests
Two years ago, Manatee County Court Judge Doug Henderson ruled that evidence of breath alcohol tests in more than 100 drunk-driving cases could not be presented at trial. According to an article that appeared earlier this month at BradentonHerald.com, Judge Henderson's rulings in those several cases have been affirmed by two different courts of appeals. The result may be that the Manatee County State Attorney's Office will have to drop certain of those cases while reducing charges in others (from DUI to possibly reckless driving).
Judge Henderson ruled the results of the breathalyzer tests inadmissible because the company that makes Florida's breathalyzers, CMI, Inc., has consistently refused to release the contents of its computer software to lawyers representing individuals accused of DUI in Manatee County. Those lawyers argued that their clients have a right to have their own experts analyze the breathalyzers and its software in order to determine if the machines operate correctly. Judge Henderson agreed, stating that while CMI's claim that its source code was a trade secret had merit, the accused individuals' right to a fair trial outweighed CMI's interest in protecting its software from public disclosure.
The big question now is whether judges in other Florida counties will, like Judge Henderson, rule breathalyzer tests inadmissible as long as CMI, Inc. refuses to reveal its source code.
What exact procedures are completed in a breathlyzer test at the police dept.
I was thought to be intoxicated by a police officer. I had a Ford truck side swipe me.
The officer did not read me my Miranda Rights and assumed I was intoxicated, but in reality I was in sleep deprivation; only having about two hours of sleep the last three nights in a row. And also I was on a high protein and low carb diet. Does that make a difference in the breathlyzer test reading?
Considering I was not read the Miranda Act, I want to know why not. Can these facts thus, cause the case be thrown out of court? Or will I be charged with a lesser offence. All was not fair and not truthful by the police officer.
When the officer took me in to the police station. He had me blow twice in the breathalyzer aparatus. Then he said to hand the breath piece back to him. He made adjustments and turns on the breath aparatus. What did he do? Did he change the calibration on the third breath test? The first two tests were negative. Why would then an officer demand a third breath test?
In the police report he stated he gave me only two breath tests. He gave me three. I do think the first two registered no alcohol level. (The office seemed a bit aggitated or nervous at that time). Then a third breath test was done and he stated he got an alcohol level of 0.16 and 0.17 in his report. He was not truthful. In his report he claimed only two tests were done.
The third one registered an alcohol level he stated in the report. But this was after the officer manipulated the equipment on the third try, and then asked, "blow really hard and deep" Again, this was the third time this test was performed.
If he lied about so many things prior to the arrest can his case be proven in court. I have a court appointed attorney.
Thank you. I appreciate.
Joanne Weiss
legalize the herb man and we won't have so many drunk drivers