Jacksonville is filled with citizens who love to have a good time and consume alcohol legally. However, some choose to get behind the wheel of a car and drive impaired. Others become victims of a subjective test that may not be correct, leaving one in handcuffs. If one has been arrested for a DUI, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.
According to Florida-Today, Lawyers at Eisenmenger, Berry & Peters in Viera, Florida filed a petition with Florida’s Division of Administrative Hearings this week, challenging the use of the Intoxilyzer 8000 as a breath-testing device in impaired-driving prosecutions. The firm alleges a conscious and deliberate effort by the Florida Department of Law Enforcement (FDLE) to withhold information about failures by the Intoxilyzer 8000 during its initial approval testing in 2002, according to a written statement from the firm.
Jacksonville’s DUI cases vary in situation, but all have a common element: An officer is planning on using evidence obtained from a test, procedure or exercise to determine if one is driving impaired, and whether the officer will take one to jail. However, that evidence obtained may not be accurate, leaving room for doubt whether there was an illegal action at all.
There are many tests, procedures, and exercises that police officers may use for determining whether one is intoxicated. However, methods such as blood sample analysis, breath test machines, or field sobriety exercises are subject to much more human involvement, leaving the door open for possible tampering, tainting, or destruction of evidence.
Jacksonville Criminal Attorney Blog has been following the rising challenges to the Intoxilyzer 8000. The major concern defense attorneys have had with the machines is the machines were giving vastly inaccurate results, and the errors were never reported. According to the firm in this particular case, when the device was initially approved, it failed three or four critical tests. However, FDLE went ahead and secured approval to use the device without notifying the public or state government officials of the test results.
Under the principles of administrative law, the police and other officers of the state must follow proper procedure in approval and use of any items, methods, practices, or policies that effect that agency. If that particular item up for approval does not abide with the minimum standards set by the agency governing, then the item must not be adopted into practice.
One of the major problems with the machine is the flow sensor, which does not accurately read how much air the user is blowing into the device, as well as a smoke problem that arose from the machine. Smoke and other factors that might cause error in the test causes the evidence obtained from that test to be unfairly prejudicial.
If an administrative law judge says FDLE did not follow the law in approving the machine, an experienced attorney would be able to file a motion to suppress the evidence obtained from the machine, making it very difficult for any judge in the trial courts across the state to admit those results.
Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.
The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and is here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one requires a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Sources: Attack leveled on DUI device, Stacey Barchenger, Florida Today