Fort Lauderdale Criminal Attorney Blog

January 3, 2013

Broward DUI Watch: Florida Breathalyzer Machines Challenged Again

By The Law Offices of Richard Ansara, P.A.

Florida breathalyzer machines are coming under fire yet again.

However, as Fort Lauderdale DUI defense lawyers understand, this one has more to do with the state’s responsibility to test the devices, as opposed to the inherent accuracy or inaccuracy of the devices themselves. (Both are major legal issues).

If successful, this challenge could lay the ground work for thousands of DUI cases across the state to be scrapped entirely.

To understand the challenge, we first have to explain the device. In the state of Florida, there is only one device that is approved by state officials for use by local law enforcement agencies for DUI breath testing. This is the Intoxilyzer 8000. State and local authorities insist on its reliability, even though it has proven in countless individual cases to have spit out inaccurate results – not just in Florida, but across the country.

Still, it continues to be used.

But as with any machine, it has the potential to fail. In order to bolster their cases with claims of accuracy, state officials require that the devices be regularly tested and calibrated, to ensure each Intoxilyzer device is in proper working order.

This is where one Florida attorney, representing some 185 DUI defendants, is making his point. In a petition filed late last month with an administrative court in Tallahassee, the Florida Department of Law Enforcement is accused of skirting its own rules for testing the device. In particular, it’s alleged one of the key sensors was not appropriately tested by the agency. Further, it’s alleged that the FDLE never sought re-approval of the device after the Kentucky-based manufacturer made a number of significant changes to the product design.

Back in 2002, federal regulators approved about 16 changes to the devices. One of those included drilling a hole into one of the primary valves that is responsible for sensory detection of alcohol. This challenge doesn’t touch on whether the subsequent results are true or not. Instead, the issue is that after those changes were approved by the federal government, state regulators failed to re-approve it for their own purposes – despite rules saying that such steps must be taken.

This could be damning for the FDLE, and subsequently a host of local prosecutors, because if the state can’t show that it did in fact conduct proper testing, it will have to admit that it bypassed its own rules and procedures or that those rules and procedures are somehow unimportant. Either way, it doesn’t look good for them, and such a revelation may prompt judges across the state to toss breathalyzer results in pending DUI cases.

For a lot of defendants, breathalyzers represent an important piece of evidence against them. While prosecutors could still theoretically press forward based on more subjective evidence (i.e., officer observations or field sobriety tests), the case would be substantially weakened, sometimes fatally so.

The FDLE reported that in 2011, police throughout the state tested some 41,000 people with the Intoxilyzer 8000 device. This includes both motorists and those operating marine vessels.

Police agencies say that officers at individual departments run their own calibration on the devices both before and after each use. Additionally, they say, the FDLE conducts an annual inspection of the devices.

Still, if the court finds the state didn’t follow proper protocol with regard to testing, it would open a window of opportunity for DUI defense lawyers across the state.
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January 1, 2013

Spouse Filed Florida Protection Order? Seek Lawyer Immediately.

By The Law Offices of Richard Ansara, P.A.

If your spouse has obtained a restraining order against you, it’s critical that you contact an experienced Fort Lauderdale domestic violence defense lawyer as soon as possible – even if you haven’t yet been arrested.

The holidays can be a stressful time. Sometimes, a domestic incident –or accusations of one — can result in legal trouble. Allegations made in these requests may be completely unsubstantiated. But failure to contest them can result in a forfeiture of your rights. Additionally, these orders may result in interference with child custody or visitation, your ability to possess weapons and could block you from attending certain important functions or events.

A prominent pastor out of Orlando is currently battling such allegations made in a petition that was granted by his wife and mother of his three children recently, following the revelation that he had recently had an affair with a church administrator – the day before the couple’s 13th wedding anniversary.

According to the Orlando Sentinel, the pastor, whose father heads a mega-church and is a spiritual adviser to President Barack Obama, resigned from his church late last months after the affair was revealed. Less than a week later, his wife came forward alleging extreme violence, erratic behavior and alcohol abuse.

His wife now alleges that after several happy years together, the abuse began early last year.

She included photographs of bruises on her arms that she contends were inflicted during an argument with he husband the day before Valentine’s Day last year. She alleged that her husband kicked her and then pinned her down on the bed by her arms while screaming and cursing at her.

A month later, she says, the couple was staying at a friend’s home and her husband began drinking heavily. At one point, he reportedly lamented that he had no way out of the marriage, a statement that prompted her to sleep in a locked bedroom with her cellphone nearby in case she needed to call for help.

Then last summer, she said, she called an associate pastor to their home after her husband allegedly threatened and insulted her after he had been drinking heavily.

Then recently, she said she returned home from a day trip she had taken with her daughters to find her husband passed out from intoxication and their 5-year-old son unattended. The pair argued, and her husband reportedly left the home with two weapons in his possession. When family members came to the home that night, they reportedly discovered syringes, “vials of liquids” and pills throughout his possessions.

She also alleged he typically drinks two bottles of whiskey every night. She referenced a suicide note she discovered last spring that gave instructions on what to do if he died, expressing grief that he had become a burden on those he loves.

Based on this, the judge granted her a temporary restraining order and scheduled a follow-up hearing to determine whether it should be made permanent.

A day after those allegations were made public, the pastor and his attorney responded, saying that none of it was true and he had never physically harmed her or the children and had never threatened to do so either.

Given the timing of the affair discovery, the immediate filing of a domestic violence restraining order in this case seems suspect.

Sometimes, these orders are filed just after an arrest. Sometimes, they can end up leading to an arrest. Whatever your situation, contact an attorney as soon as possible.
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December 27, 2012

Florida New Year’s DUI Can be Challenged

By The Law Offices of Richard Ansara, P.A.

There are probably no sweeter words to a defendant facing DUI charges than, “Case Dismissed.”

But unless you have hired a skilled Fort Lauderdale criminal defense lawyer, you’re unlikely to hear those words. This is not a reality you want to face entering a New Year. It should be a clean slate, and that’s exactly what we strive to offer our clients.

New Year’s Eve has the unfortunate title of being the worst day in the year for DUI arrests and fatalities. The Insurance Institute for Highway Safety reports that half the fatal crashes that occur on New Year’s Eve and New Year’s Day involve alcohol. It’s the single deadliest day on our roads.

Florida Attorney General has announced that December is Drunk and Drugged Driving (3D) Prevention Month, following a resolution signed by Gov. Rick Scott, Agriculture Commissioner Adam Putnam and Chief Financial Officer Jeff Atwater. This means officers are out in full force – in aggressive roving patrols and sobriety checkpoints – to nab as many suspected drunk drivers as possible.

Definitions and penalties for driving under the influence are spelled out in FL Statute 316.193. Essentially, anyone caught driving with a blood alcohol content of 0.08 percent or more can be arrested.

This seems fairly straightforward, but there are a number of ways attorneys can challenge the charge. The first of which is the circumstances under which you were stopped. If it was during a routine stop, we will research to find out what probable cause the officer had to stop you. If the stop was during a sobriety checkpoint, we analyze each step of the process to ensure that the meticulous legal steps were followed to the letter. These include making sure cars are pulled over at random, making sure there is enough probable cause for the officers to further question you and checking to see if a supervisor was present at all times.

The next thing we will look at is the method used to obtain the 0.08 percent reading. In some cases, this will be a breathalyzer test. Problems with these machines have been well-documented. So one of the first things we’ll look at is whether the machine was properly calibrated. We will also look to see whether there may have been improper handling of the device by the officers. Additionally, there are a number of dietary factors and medical conditions that can have an impact on the test.

The other way law enforcement will determine your blood alcohol content is through a blood test. These might seem full-proof. However, these results can be challenged as well, based on the way they were collected, stored and analyzed. The protocol for conducting these tests is very specific; one misstep, and the results could be suppressed.

Then of course there are other procedural elements, such as seeing whether the officer read you your Miranda rights, that their reports are 100 percent accurate and that their courtroom testimony is truthful. Training of the officer conducting field sobriety examinations is another important element. These may seem simple enough, but when officers are quickly moving from stop to stop, it can be fairly easy to slip up somewhere.

Of course, we ultimately want you to have a safe and happy New Year’s Eve celebration. If you can avoid getting behind the wheel while intoxicated, that is best. However, if you are arrested, don’t allow it to cast a cloud over the new year. Call us today to see how we can help.
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December 20, 2012

Florida Supreme Court to Hear DUI Breath Machine Appeal Next Year

By The Law Offices of Richard Ansara, P.A.

The Florida Supreme Court has delayed a hearing until early next year on the issue of whether the maker of the only state-approved breathalyzer machine must turn over evidence showing how it works.

Fort Lauderdale DUI attorneys know this ruling could impact the future of a huge number of DUI cases – both past and pending.

The Intoxilyzer 8000 is a machine that is used by law enforcement to test the blood alcohol content level of a suspected drunk driver. It purports to measure this amount through breath samples.

But problems with calibration method of the Intoxilyzer 8000 have been known for years. However, lower courts have typically ruled that defense attorneys could not compel the out-of-state manufacturer, CMI Inc., to hand over the software showing exactly how it comes up with the figures it does.

If defense analysts had access to this software, they would no doubt find inherent problems with its process, leading to a potential suppression of all blood alcohol content measurements in DUI cases where the machine was used. That is a huge number of cases.

Just consider some of the problems that have already cropped up with the machine: In 2010, an estimated 40 percent of the Intoxilyzer 8000 results tested by the state were discovered to be incorrectly measuring breath volumes. The machines were recording volumes of breath in the range of 10 to 15 liters. Problem is, the maximum human lung capacity is five liters.

One analyst who examined the machine in the course of a DUI case in Venice found that in addition to recording breath volumes that are impossibly high, the machine also was recording unrealistically high blood-alcohol numbers – to the point where scores of defendants were blowing BACs that surpassed three times the legal limit of 0.08 percent.

The one being considered by the state supreme court is Meinken v. State of Florida et al. It’s a case out of Daytona Beach, and three other similar cases out of the same area with the same issue are being lumped in to the hearing that will take place before the high court. The hearing was originally scheduled for this month, but has now been pushed back to February.

All of these cases challenge the accuracy of the test. But specifically, they say that a ruling by the 5th District Court of Appeals barring the defense from obtaining the machine software is incorrect because it conflicts with earlier rulings compelling other out-of-state companies to comply with such requests. A trial judge had previously granted the defense request, only to have the appellate court quash that order.

A ruling in favor of the defense in this case could mean even more DUI arrests will be successfully challenged on the basis of inaccurate BAC readings. Already, the 12th Circuit state attorney’s office, which covers the Sarasota area, decided not to use the results from the Intoxilyzer in about 100 cases last year.

The Florida Department of Law Enforcement had even admitted back in 2010 that some of the machines had problems, but said those have been pulled from use, fixed and are now back in circulation and being used with reliable accuracy.

We wouldn’t count on it. And neither should you. This is just one more reason why simply pleading guilty should not be an option.
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December 10, 2012

Broward DUI Lawyers Take a Closer Look at Checkpoints

By The Law Offices of Richard Ansara, P.A.

December is one of the busiest months for law enforcement officials, with many agencies gearing up to host a large number of DUI checkpoints.

The Florida Highway Patrol recently announced that with the holidays, officers would be conducting a series of checkpoints, as well as saturated patrols, known as “wolf packs.”

Fort Lauderdale DUI attorneys know that despite all the work that goes into preparing a checkpoint, arrests made during the course of these operations can often be easier to fight. That’s because the rules about what constitutes an appropriate checkpoint are so strict.

Too often, many people assume they have no choice after a checkpoint arrest but to simply plead guilty and accept whatever deal the government decides to dole out. This is incorrect, and failing to fight the charges with the help of an experienced attorney can end up costing you a great amount of time, money and headaches in the long-run.

First, we have to tell you that in Florida, checkpoints are in fact legal. This is the case in the majority of states, though there are 12 that do not conduct them.

Florida, unfortunately, is one of the states known for conducting them the most frequently. While other states may have checkpoints weekly or every other week, Florida has anywhere from 15 to 20 every single month. Many of those take place in South Florida.

December is a prime month for these operations because of the increase in travelers and the abundance of holiday parties and celebrations.The day before Thanksgiving (sometimes referred to as “Black Wednesday) has become synonymous with wild parties, and from then through New Year’s Eve, police agencies are on the prowl for suspected drunk drivers.

But even if you were drinking before you got behind the wheel, there are ways that your attorney can call into question the validity of the checkpoint, and therefore the evidence obtained. This often results in a dismissal of the case or a favorable plea deal that involves a reduction in charges.

For example, in Guy v. State, decided by the Florida District Court of Appeals in 2008, the defendant was stopped in a DUI checkpoint. His license was suspended and he was already on probation for a Felony DUI. He wasn’t drinking in the latest stop, but given his past history, he was facing jail time. However, the Court of Appeals panel sided with the defendant in finding that the written DUI checkpoint guidelines as they existed gave officers too much discretion in determining which vehicles would be stopped. Essentially, this amounted to an illegal arrest under the Fourth Amendment.

This is just one example of how DUI cases can crumble under more intense scrutiny.

Just recently in Pasco County, a number of DUI arrests were dismissed after it was proven that the officers, after saying ahead of time that they planned to stop every third vehicle, in fact broke that rule and were pulling over four cars at a time.

Other rules that govern how sobriety checkpoints in Florida must be carried out include:

1. They have to be part of an ongoing program to deter drunk driving.
2. Drivers have to be sufficiently warned that they are about to enter a checkpoint.
3. The selection of where a checkpoint will be held can’t be random – there has be a specific objective in the interest of public safety.
4. Any change in the original planning of the checkpoint has to be well-documented.
5. Detection and investigation techniques have to be standardized and well-planned.

December 1, 2012

Jail Charges in Broward County can Complicate Criminal Defense

By The Law Offices of Richard Ansara, P.A.

Inmates at both the Broward County and Palm Beach County Jails are notorious for their creativity. That is, the creative ways in which they use every-day objects and turn them into weapons.

Fort Lauderdale criminal defense lawyers know sometimes, it’s done out of fear or for protection. Other times anger or revenge. In other cases, it simply comes down to a combination of boredom and having the time.

Either way, we want our clients to understand, particularly while they are awaiting trial, that an assault and battery committed while you are incarcerated could negatively impact your current case. To say nothing of the additional criminal charges.

Florida Statute 784.082 addresses assault or battery by a person who is being detained at an detention facility upon either another detainee or a visitor. If the crime committed is an assault, it’s considered a first-degree misdemeanor, which could tack on another year to your jail sentence. If you commit a simple battery, that is, with your fists or other body parts, it’s could be either a first-degree misdemeanor or a third-degree felony, which could mean anywhere from another year to five years added to your sentence.

For aggravated battery, that is, an attack with a deadly weapon or an assault that causes serious harm, you could be facing a first-degree felony, which is punishable by up to life in prison.

If you commit a battery on a staff member at such a facility, it’s a third-degree felony. Despite the severe consequences, such instances are common. It’s the reason so many items at both facilities have been banned.

For example, inmates at one time used to be served a bone-in, pork chop dinner. But that came to a halt several years ago after one inmate stole away with a bone, sharpened it into a shank and stabbed another inmate.

Wardens have also banned dental floss. There had been cases where inmates used the string to strangle other individuals or to create rope.

Long-handled toothbrushes, too, are a thing of the past at jails. These items were being routinely used to be sharpened and make shanks.

Broom and mop handles have been fashioned to create spears, while the wheels of the mop bucket can be stuffed into a sock to create a weighted whip. The metal that goes around that wheel? Makes a handy metal blade.

And while inmates don’t have access to Tasers, unless they steal them from a corrections officer, they can surprisingly make them on their own, using the wiring of headphones or a radio and a battery. This combination has also been known for use as a water heater and cigarette lighter.

Still, the safety precautions taken by the jail have drawn the ire of inmates, who say that not having floss or regular toothbrushes (instead they have rubber tips which fit over the finger) has caused dental problems.
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November 23, 2012

Avoid a Fort Lauderdale DUI this Thanksgiving

By The Law Offices of Richard Ansara, P.A.

Thanksgiving is not necessarily noted for being a big drinking day like New Year’s Eve or St. Patrick’s Day.

But it’s every bit as big a drinking holiday as it is an eating day — with football games seemingly on from Thursday right through to Sunday night.

Our Fort Lauderdale DUI lawyers know that plenty of people like to indulge during this holiday, as they enjoy the feast and the company of loved ones. But if you are planning to do so, please avoid getting behind the wheel, at least until you’ve had a chance to wait several hours and maybe even eat a second meal and take a nap.

You may have the day off, but law enforcement agencies do not. In fact, they’re quite busy, not only with conducting saturation patrols but also setting up DUI checkpoints.

It’s a fact that there are roughly 10 percent more fatal and injury-causing accidents on Thanksgiving than during other weekends throughout the month. According to the National Safety Council, it’s estimated that approximately 48,300 people will be hurt on U.S. roads throughout the weekend, while another 450 or so will tragically lose their lives. If there is one thing to be thankful about, it is that those estimates are actually lower than what the actual numbers have been in the last six years throughout the holiday weekend.

Aside from a serious injury or worse, here is what you risk by getting behind the wheel drunk this holiday:

FL Statute 316.193 forbids driving when impaired by the influence of alcohol. The threshold is defined as when an individual has a blood alcohol level of 0.08 percent or higher. A first-time conviction will result in fines of between $500 and $1,000 and up to six months in jail. A second conviction could land you behind bars for up to nine months, plus you’ll have to have a pricy interlock ignition device installed at your own expense for at least one year. A third offense within 10 years of the previous offense actually amounts to a third-degree felony, meaning you could be facing up to five years behind bars.

Better to avoid this holiday hangover altogether by choosing not to drive if you have been drinking.

If you are the one hosting this year’s gathering, consider taking the following measures to keep your guests safe:

–Make sure there is plenty of food. During Thanksgiving Day celebrations, this is usually not an issue. But make sure to think beyond just the dinner. Have snacks available throughout the day, particularly if you know they are going to be getting an early start on their drinking.

–Offer a variety of alternative drink choices, such as teas, coffees, sodas and juices.

–If you know your guests will be drinking, as ahead of time for them to designate a sober driver or arrange for them to use public transportation, a taxi or get lodging at a nearby hotel or have them stay the evening with you.

–Cut of the alcohol supply at least an hour or so before the celebration ends. Serve coffee and desert and give people a chance to sober up before heading back out on the road.

If you or someone you know is arrested for a DUI over the weekend, make your first phone call to an experienced DUI defense attorney.
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November 22, 2012

Thanksgiving and Other Holidays See Spike in Domestic Violence Arrests

By The Law Offices of Richard Ansara, P.A.

A Hollywood man who was reportedly belligerently intoxicated made headlines recently after his domestic violence arrest. He reportedly told officers he should be allowed to “touch my wife any way I want to.”

The judge disagreed, and the 46-year-old is now being held on $6,700 bond.

Fort Lauderdale domestic violence defense attorneys understand that as we approach Thanksgiving and on through the rest of the holidays, we’re going to see an uptick in both domestic violence calls and arrests.

The fact is, of course a marriage license doesn’t give anyone the right to be abusive. People tend to say things when they’re impaired that they never would otherwise.

Still, this man’s conversation with police won’t help his case. It’s worth noting this Thanksgiving if you are involved in a family squabble and police are called to arrest you: Don’t say anything. It can be tempting to jump in and try to explain yourself or how the other person has over-reacted. But after your arrest, it isn’t likely to do much good, and it’s probably only going to hurt your case – especially if you’ve been drinking, because you’re liable to say something you don’t mean. Wait for your attorney to clear it up.

According to a recent study on domestic violence arrests, there is a 22 percent increase in calls on Thanksgiving. That increase actually continues steadily throughout the week after the holiday.

On Christmas Day, domestic violence calls are up 17 percent, and on New Year’s Eve, they jump by more than 30 percent.

And it’s not just spouses or intimate partners. It often involves other family members.

There are several explanations for this:

First of all, the holidays are stressful. You are gathering with people you maybe don’t see all that often, and that’s perhaps because you might not like them all that much. Many people feel a sense of obligation to visit with family because it’s tradition, but such gatherings may tend to fuel the flames of old hurts, grudges or resentments. And it’s not usually a quick visit either – it’s hours and hours.

This tends to lead to the second cause of problems during these gatherings, which is alcohol. This is like adding fuel to a grease fire. Some people use it as a coping mechanism, while others simply don’t know their limit.

Thirdly, you have the money elements. Holidays can be expensive. Not only is there a bird, and the stuffing and the other sides and the desserts – but then there’s the travel costs. And it continues from there, immediately with Black Friday. There is a great deal of pressure to spend, and these days, people are still struggling. Given that financial problems are at the root of many family disagreements, it’s not wonder that this element can lead to extra tensions.

It’s important if at all possible to take a step back and remember to relax. Avoid situations you know are going to be tense, and walk away from those that appear to be escalating.

If you are arrested, understand that because it’s a long weekend, you may spend an extra day or two in jail. But make that first phone call to your defense attorney.
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November 12, 2012

Domestic Violence Homicides Up Dramatically in Broward

By The Law Offices of Richard Ansara, P.A.

Fort Lauderdale domestic violence attorneys know the issue is a growing problem, as evidenced by a recent report by the Sun-Sentinel, indicating that while overall crime rates are down, murders are up dramatically – and it’s due to domestic violence.

Broward County Sheriff Al Lamberti reported that murders in the county rose an eye-popping 85 percent in the first half of this year compared to last.

According to statistics recently released by the Florida Department of Law Enforcement, there were 21 murders in the first half of 2011. Contrast that with the first half of 2012, when there were reportedly 39 homicides.

The vast majority of those cases, Lamberti said, stemmed from domestic violence.

While we certainly don’t agree with law enforcement on every matter, we do agree with the statement he gave regarding the reasons behind the problem:

After a fatal domestic violence case, people have a tendency to say, “he or she just snapped.” But all too often, there is a lot more going in a troubled relationship that ends in homicide, and there generally are repeated and escalating incidents in prior history.

That’s why when our attorneys take on new clients one of the first things we typically suggest they do is attend counseling and, if necessary, substance abuse treatment. We have found that not only is this viewed favorably by the court, potentially allowing you more leniency in a plea deal or sentencing, you have the opportunity to address underlying problems. This will allow you to hopefully prevent a similar episode from happening in the future.

Our attorneys are dedicated to helping those individuals who are wrongly accused or whose criminal domestic violence charges are inflated and even those for who might carry some of the burden of responsibility for their actions. These are very serious charges, with long-term consequences and the social stigma that comes with conviction. As law enforcement continues its crackdown on household violence, the number of marginal or unfair arrests will also no doubt increase.

Domestic situations have a propensity to quickly spiral out of control, often with both sides acting as aggressors. Still, it is almost always the male half who is arrested.

The majority of these cases will be prosecuted as misdemeanors. Many understand misdemeanors to be not as serious as felony cases, but a conviction on a misdemeanor domestic violence charge can have far reaching consequences.

First, in addition to a possible year in jail, you will likely serve a mandatory minimum of at least 5 days behind bars. After that, you’ll likely be made to endure a 30-week batterer’s intervention program. You will also forfeit any rights to have a firearm while you’re on probation, your concealed weapons permit is going to be revoked and you will never be able to have your criminal record expunged or sealed.

Secondly, because this charge is never blotted from your criminal record, it’s something potential schools, employers and any member of the public will be able to easily look up and find. In some fields, such as primary education or law enforcement, you may be barred entirely from your career field, as such convictions are seen as a moral deficiency.

The best way you can avoid this is to avoid a conviction.

One technique that our attorneys sometimes employ to do this is to facilitate a victim outreach.

Many alleged victims regret that the situation has gotten to the point it has, and have no real desire to move forward with the case anyway. In some cases, they may wish to reconcile. However, the court may bar the defendant from contacting the alleged victims. Having your defense attorney do it for you can sometimes result in agreements to drop the charges. It’s important to note that domestic violence victims themselves don’t have the power to drop a case – only prosecutors do. However, if a victim refuses to cooperate, it can make proving that case much tougher.
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November 6, 2012

Thousands of South Florida DUI Drug Cases in Question

By The Law Offices of Richard Ansara, P.A.

The Broward Medical Examiner’s Office admits it may have botched thousands of DUI drug toxicology test results, jeopardizing countless convictions and calling into question pending cases.

Our Fort Lauderdale DUI lawyers are ready to take your calls with questions concerning this matter, as it’s likely to affect a large number of cases.

According to media reports, the county’s public defender has been quoted as saying, “This could be a very big deal.”

The problem is with the way the Medical Examiner’s Office conducted drug toxicology tests in DUI cases prior to the end of August. We don’t know how far back the mistakes stretch, but it’s estimated it could go back a decade or more. Some estimate it could go back as far as 30 years.

Specifically, the results in question involve methodology testing for about a dozen drugs, including heroin, cocaine, hydrocodone, oxycodone, amphetamines, marijuana, Xanax, Valium, sleeping pills and other over-the-counter medications that might affect a person’s ability to drive a vehicle.

Test results for alcohol and PCP (also referred to as angel dust) are not in question.

The problem isn’t necessarily that the tests were inaccurate. The problem is that they weren’t properly scientifically validated.

That means that those results would not have stood up in court, and for some cases, could have meant the difference between conviction and a not guilty verdict.

Pending cases may be salvageable, according to the Medical Examiner’s Office, because the urine and blood samples taken at the scene are still in tact, which means they could be re-tested using proper methodology.

However, for cases that have already been closed, the evidence in most was discarded, which means there is no way to retest.

In those instances, prosecutors have begun reviewing thousands of cases that were possibly affected, and they have been instructed to notify defense lawyers if one of theirs has come under review.

However, you don’t necessarily have to wait for prosecutors to pick up the phone. If you were convicted of drugged driving in Broward County prior to Aug. 24, 2012, you may have a strong case.

The county’s new Medical Examiner, Craig Mallak, recently took over the post this summer. He had been working toward accreditation of the lab’s testing programs when the errors were discovered. His predecessor, Dr. Joshua Perper, had been on the job for 17 years prior to retiring. This was the same individual who was scolded earlier this year by the state Inspector General after his employees reportedly “lost” hundreds of prescription pain medication pills taken from the deceased.

Mallak said when he learned of the errors, he immediately shut down lab-testing operations at the office, notified the state attorney’s office and had pending and future cases forwarded to an independent lab.

It’s not just criminal DUI, DUI manslaughter or DUI homicide that are likely affected. For example, there could be a number of civil wrongful death cases that could be affected too.

The Medical Examiner’s Office said a sample of 50 recent drug cases are being independently tested to see whether the results are accurate. However, even if they are, it might not matter if the evidence used to convict an individual was not scientifically verifiable at the time of trial.
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