Fort Lauderdale Criminal Attorney Blog
Reports out of Sarasota suggest that the state’s version of the FBI, the Florida Department of Law Enforcement, paid its employees recently to get drunk and test the Intoxilyzer 8000 breath test machine in order to use it in the prosecution of thousands of Fort Lauderdale DUI cases.
Fort Lauderdale DUI defense lawyers have become more and more skeptical of breath testing machines as evidence has come out that they are faulty. Lawyers have been able to get judges to write orders allowing them to see how the breath testing machines are manufactured.
This is because DUI cases are the only kind in Florida where the defendant isn’t currently allowed to see how a key piece of evidence works. In murder cases, defendants get to see how blood evidence is collected and tested and those witnesses are available for questioning. In burglary cases, the defense is provided with information about who collected fingerprint evidence and how it was processed.
But in Fort Lauderdale DUI cases, until now, defendants weren’t able to see the workings of breathalyzers, the machines that law enforcement relies upon heavily for arrests and convictions for driving under the influence. This has recently changed, but these machines are still coming under fire.
The Herald-Tribune in Sarasota has been reporting for months how experts testing these machines have seen that they work improperly. In many cases, defendants blew up to 12 liters of breath into the machine, though the human lung can only hold five liters of breath. That called into question hundreds of cases that prosecutors and judges tossed out.
And in Florida, FDLE only allows one type of breathalyzer to be used. And now that it has been questioned as potentially faulty, this raises questions about the thousands of DUI cases throughout the state, including in Fort Lauderdale. Current cases should be examined, as should past cases.
In the most recent news, the newspaper reports that FDLE bought about $300 of booze, snacks and mixers and allowed their employees to get drunk on company time in order to test the devices. The workers were told to drink and then blow into the machines. Their blood was also drawn and sent off to a lab, bringing the taxpayer tab to about $8,000.
FDLE employees testified about the results in a Sarasota courtroom recently in order to try to save the Intoxilyzer 8000 from being shelved statewide. But judges were skeptical because the blood tests have not yet been returned from the lab. DUI defense lawyers questioned the validity of the study since it was highly unscientific.
Fort Lauderdale DUI defense lawyers believe this is a last-ditch effort by the state to convince judges that these machines, which have already been proven to be faulty, are accurate. As more and more pressure is put on the state to replace these machines or ensure somehow they are accurate, it’s possible that cases will be dropped or police will be reluctant to use these as their main piece of evidence.
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Former Florida Atlantic University Police Officer Jimmy Ho has been arrested in connection to the murder of a 29 year old Boyton Beach woman. Sheri Carter was pronounced dead at the Delray Beach Medical Center. According to doctors at the hospital, Sheri Carter died from injuries “directly related to being shot.” Neighbors of Sheri Carter say that she worked for a South Florida escort agency.
It happens often that I am approached with the question: Can you beat red-light camera tickets? Many motorists were rightfully nervous when the first influx of red-light cameras began to appear in Broward, Dade, and Palm Beach. This was the first time in Florida history that a motorist could be cited for a traffic infraction without ever even knowing it happened. Flashing red lights in the rear view mirror were to become a thing of the past. Now, local governments including Miami, Fort Lauderdale, Plantation, Pembroke Pines, Coral Springs, and Boca Raton are on a new track to increase revenues for their municipalities. It was argued by local leaders that the new red-light cameras will increase traffic safety. After all, isn’t it the responsibility of our government to keep us safe? Although local leaders are proud to say that their move to institute red-light cameras was based on keeping people safe the reality is that the move was instituted on the notion that cities need money: and this is a great way to make money.
Charles Edward Floyd, 40, could not hold back his tears today as he was sentenced to 30 years in Florida State Prison for raping a prisoner he was transporting while working as a Broward Sheriff’s Corrections Deputy on June 13, 2007. His wife was gripped with emotion as she watched her husband being taken away to serve his 30 year prison sentence. Baby, I’m sorry, I gotta go. Don’t cry for me,” he sobbed. “Mom, I love you.” This was too much for his wife as she began throwing up and crying intensely.
Three Broward County Jail Deputies were placed under arrest after an investigation relating to contraband and sex. These Deputies are now facing third degree felonies punishable by up to five years in Florida State Prison.
