Though law enforcement officials admit that there are occasionally problems with the breath-testing machine, they continue to stand by its reliability, saying that the devices are put through intense testing rituals designed to guarantee accuracy. Despite the assurances, judges in a number of counties ultimately decided the results could not be trusted. That’s why the breath test results have been kept out of courtrooms in Osceola and Orange counties. In Seminole County, FL, the results are only occasionally allowed into evidence, while courts in Brevard, Volusia and Lake counties stand by the validity of the tests.
All the differences lead to confusion among prosecutors and defense attorneys in the area, something that can cause wildly different results depending on the exact location of the person’s arrest. To make things more uniform, a challenge has been brought in Orange County regarding the ban on the devices. If the panel of Orange County judges chooses to reverse its position, many believe that other metro Orlando counties will fall in line. If not, changes might be in store elsewhere.
The two sides squared off back in December of 2013 and those in the know say that the panel is close to issuing its ruling. The sticking point is that the company behind the Intoxilyzer 8000 says it will not release its software for analysis and review, claiming that doing so would jeopardize valuable trade secrets. Defense attorneys say that without a chance to review the software, there’s no way to know for sure that the equipment is reliable. Expect criminal defense lawyers across Florida and the country to be interested in the outcome of the case.
Source: “Breath tests banned from courtrooms in DUI cases,” published at ClickOrlando.com.