August 19, 2009 - Breathalyzer Snafu Affects Florida DUIs
The firing of the person in charge of breathalyzers may nullify the results of breath-alcohol tests in three Florida counties, attorneys say.
Broward County Circuit Judge Lee Jay Seidman is expected to rule within days on a request to throw out a DUI charge on grounds the county's breathalyzer test results are inadmissible as evidence because the machines were handled improperly, the South Florida Sun-Sentinel reported.
Last fall, the Florida Department of Law Enforcement fired an employee in charge of 79 breathalyzers used in Broward, Miami-Dade and Monroe counties for turning off power to three machines when it looked like they would fail inspection.
One defense attorney says he sued on behalf of 30 other private attorneys representing 125 clients facing drunken driving charges.
A consortium of defense attorneys videotaped Seidman's hearing on Cadet's request Tuesday so other judges can view the testimony for upcoming drunken driving cases.