WEAR TV 3/Greg Neuman reports that Judge Joyce Williams tossed breathalyzer results from 19 tests done between February and May of 2007.
Those tests came after the Escambia Sheriff’s Office found a problem with the specific intoxilyzer 8000 machine in question during a routine inspection. The sheriff’s office then submitted the machine to Florida Department of Law Enforcement for further inspection.
But the FDLE employee charged with that task never did that inspection because she found it to work fine. Criminal attorney Steve Bowden says that employee was required to do that inspection.
What I think the ruling means, is that it did not meet the requirements of the administrative code, as to how it should be inspected, whether or not it was in compliance with that code.
In cases when procedures are followed….. The court has no choice but to accept breathalzyer results into evidence….. But State Attorney Bill Eddins says theres still a chance to get the results admitted.
We can now come back and try to introduce it by proving that it’s scientifically reliable…. just as we would any other scientific evidence, such as DNA…. fingerprints.
But if a judge won’t accept that argument…. Bill Eddin’s prosecutors will have to rely on the evidence available.
We’d look for field sobriety exercises, walking the line, touching the nose…. bad driving pattern, odor of alcohol.
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