After a regional alcohol-program coordinator for the Florida Department of Law Enforcement failed to perform a department inspection on an Intoxilyzer 8000 machine, Judge Joyce Williams has opted to toss out breach evidence in nineteen DUI cases that occurred between February 17, 2007 and May 17, 2007.
In most situations, DUI cases are resolved within months of the arrest, but several defense motions have caused delays, according to Assistant State Attorney Greg Marcille.
Yesterday, Judge Williams presided over a hearing where prosecutors attempted to re-introduce breath-test evidence into the effected DUI cases. Without breath-test evidence, the state would be forced to try the cases using other evidence including the smell of alcohol, driving patterns, statements from the defendants, or other physical indicators of intoxication.
Among those who are impacted by this decision is 29-year-old James Estel Gregg, who tested far above Florida’s legal blood alcohol level and showed signs of intoxication during three sobriety tests back in April, 2007.
Technical problem may blow DUI cases, PNJ.com, July 30, 2008
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