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Florida Supreme Court Could Make DUI Breathalyzers Inadmissible

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If a breathalyzer test pops you at a BAC of 0.15 or higher, you could face jail time. But machines used by Florida police may be faulty.

The already embattled Intoxilyzer 8000 is back in court and the outcome could render thousands of DUI breathalyzer tests in Florida inadmissible, say DUI defense attorneys with Gainesville’s Law Offices of Edwards & Jones Criminal Defense.

At question is the Intoxilyzer 8000′s software, which some say is faulty and provides inaccurate readings. Most recently, a Dauphin County, Pennsylvania judge ruled that the breathalyzer machines, manufactured by Kentucky-based CMI, Inc., could not be considered accurate for any blood-alcohol concentration (BAC) above 0.15 percent. Judge Lawrence Clark, Jr. noted that he found the calibration of the machines “extremely questionable.”

This same breathalyzer machine was the only one certified in the state of Florida for testing of suspected intoxicated individuals’ BAC levels when three defendants charged with drunk driving in Seminole County were arrested, and the only one whose results are admissible in court. Now, those defendants are appealing a ruling that kept software data from being analyzed and released.

Numerous DUI prosecutions have been dismissed and convictions reversed based upon the questions about the reliability of the Intoxilyzer 8000. If the Florida Supreme Court shares those questions, it could have a tremendous effect on past and current DUI cases.

If you’re arrested for DUI and a breathalyzer pops you at a BAC greater than 0.15, you could face up to 270 days in jail, more than $1,000 in fines and a required installation of an ignition interlock on your vehicle for up to six months. Gainesville DUI defense attorneys advise clients not to take either the field sobriety exercises or the breathalyzer test if pulled over on suspicion of impaired driving. But even if you did take the tests, the results can be challenged for technical reasons. And the questions surrounding the Intoxilyzer’s reliability may help boost your case.

If you face DUI charges, you’ve got just 10 days to request a hearing with the DMV before your driver’s license is automatically suspended, making it difficult or even impossible for you to make a living or go about daily activities important in your life. Call (352) 329-3632 and talk with a Law Offices of Edwards & Jones DUI defense lawyer immediately.

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  • Acquitted at Trial Felony Battery

    Felony

    Case Style: State of Florida vs. K.S.J.
    Case No. 01-2020-CF-3566-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including disposition of the case): Felony Battery – F.S. 784.03; Acquitted at trial of all charges

  • Acquitted at Trial Battery on a Person over 65 years of age

    Felony

    Case Style: State of Florida vs. M. J. F.
    Case No. 21-2022-CF-0044-A
    Court: Gilchrist County – Eighth Judicial Circuit

    Charges (including disposition of the case): Battery on a Person over 65 years of age – F.S. 784.08; Acquitted of all charges

  • Acquitted at Trial Trafficking in Methamphetamine

    Felony

    Case Style: State of Florida vs. C.R.B.
    Case No. DI-2021-CF-152-A
    Court: Suwannee County – Third Judicial Circuit

    Charges (including disposition of the case): Trafficking in Methamphetamine – F.S. 893.135(1)(F), Manufacturing Methamphetamine – F.S.893.13; Acquitted at trial of all charges

  • Acquitted at Trial DUI

    Criminal Traffic

    Case Style: State of Florida vs. C.E.L.
    Case No. 01-2022-CT-1419-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including disposition of the case): DUI – F.S. 316.193; Acquitted at trial of all charges

  • Acquitted at Trial Robbery

    Felony

    Case Style: State of Florida vs. E.C.G.
    Case No. 01-2022-CF-47-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including disposition of the case): Robbery – F.S. 812.13(1)(c); Acquitted of Robbery, convicted of lesser included offense of theft.

  • Sentenced Probation Possession Of Weapon By Conv. Felon
    Felony

    Case Style: State of Florida vs. I.P.
    Case No.: 2019-CF-0011
    Court: Lafayette County - Third Judicial Circuit

    Charges: Possession Of Weapon By Conv Felon - F.S. 790.23 - State Waived Mandatory Minimum Prison Sentence. Client Sentenced to Probation

  • Acquitted at Trial Possession of Cocaine
    Felony

    Case Style: State of Florida vs. J. J.
    Case No.: 2018-CF-3236
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Possession Of Cocaine - F.S. 893.13(6)(A) 01 - Acquitted at Trial

  • Withhold Of Guilt and Probation Lewd And Lascivious Battery On A Person Under 16
    Felony

    Case Style: State of Florida vs. T.P.
    Case No.: 2019-CF-0720
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Lewd And Lascivious Battery On A Person Under 16. Entered A Plea To Agg Assault W/ Intent To Commit Felony - F.S. 784.021(1)(B)- Withhold Of Guilt and Probation.

  • Charges Dismissed Burglary With Assault Or Battery
    Felony

    Case Style: State of Florida vs. P.R.
    Case No.: 2018-CF-3236
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Burglary With Assault Or Battery - F.S. 810.02(2)(A)- No Information. Charges Dismissed

  • Charges Reduced To Misdemeanor Battery
    Misdemeanor

    Case Style: State of Florida vs. F.S.
    Case No.: 2019-MM-0047
    Court: Gilchrist County - Eighth Judicial Circuit

    Charges: Battery - F.S. 784.03- Charges Reduced To Misdemeanor

  • Escape Charge Dismissed DUI & Escape
    Misdemeanor

    Case Style: State of Florida vs. K.S.
    Case No.: 2019-CT-0423
    Court: Alachua County - Eighth Judicial Circuit

    Charges: DUI & ESCAPE - F.S. 316.193(1) 04 - Escape Charge Dismissed

  • Charges Dismissed Homicide
    Felony

    Case Style: State of Florida vs. D.F.
    Case No.: 2018-CF-2799
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Homicide - F.S. 782.04(1)(A)(1) - No Information. Charges Dismissed

  • Charges Dismissed Sexual Battery
    Felony

    Case Style: State of Florida vs. K.S.
    Case No.: 01-2018-CF-0917-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Sexual Battery - F.S. 794.011(4)(b) - No Information, Charges Dismissed

  • Charges Dismissed Domestic Battery by Strangulation
    Felony

    Case Style: State of Florida vs. T.Y.
    Case No.: 63-2018-CF-0035-A
    Court: Union County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Domestic Battery by Strangulation - F.S. 784.041 - No Information, Charges Dismissed, Aggravated Battery - F.S. 784.045(1)(a)(1) - No Information, Charges Dismissed

  • Charges Dismissed Attempted Murder First Degree Premeditated

    Felony

    Case Style: State of Florida vs. C.F.
    Case No.: 01-2018-CF-2192-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Attempted Murder First Degree Premeditated - F.S. 782.04(1)(a) - No Information, Charges Dismissed, Battery: Touch or Strike - F.S. 784.03(1)(a) - No Information, Charges Dismissed, Cruelty Toward Child: Abuse Without Great Bodily Harm - F.S. 827.03(2)(c) - No Information, Charges Dismissed

  • Charges Dismissed Sexual Battery
    Felony

    Case Style: State of Florida vs. D.B.
    Case No.: 42-2018-CF-3375-A
    Court: Marion County - Fifth Judicial Circuit

    Charges (including the disposition of the case): Sexual Battery - F.S. 794.011(4)(b) - No Information, Charges Dismissed

  • Charges Dismissed Lewd or Lascivious Molestation
    Felony

    Case Style: State of Florida vs. S. W.
    Case No.: 01-2018-CF-1591-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Lewd or Lascivious Molestation - F.S. 800.04 - No Information, Charges Dismissed

  • Charges Dismissed Sexual Battery
    Felony

    Case Style: State of Florida vs. W. R.
    Case No.: 42-2018-CF-4809-A
    Court: Marion County - Fifth Judicial Circuit

    Charges (including the disposition of the case): Sexual Battery - F.S. 794.011(8)(b) - No Information, Charges Dismissed

  • Charges Dismissed Domestic Battery
    Misdemeanor

    Case Style: State of Florida vs. R.G.
    Case No.: 01-2018-MM-664
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Domestic Battery - F.S 741.28 - No Information, Charges Dismissed

  • Charges Dismissed Assault
    Felony

    Case Style: State of Florida vs. T. H.
    Case No.: 2018-0618-CF
    Court: Putnam County - Seventh Judicial Circuit

    Charges (including the disposition of the case): Armed Trespassing - F.S 810.08(c), Assault - F.S 784.011 - No Information, Charges Dismissed

  • Charges Dismissed Grand Theft
    Felony

    Case Style: State of Florida vs. H.K.
    Case No.: 01-2017-CF-3318
    Court: Alachua County - Eighth Judicial Circuit

    Charges (including the disposition of the case): Grand Theft -F.S. 812.014(c), Nolle Prosequi, Charges Dismissed

  • Charges Dismissed First Degree Murder While Armed
    Felony

    Case Style: State of Florida vs. M.T.
    Case No.: 2015-426-CF-B
    Court: Taylor County - Third Judicial Circuit

    Charges (including the disposition of the case): First Degree Murder While Armed F.S.- 782.04(1)(a), Battery By Detainee F.S. 784.03 - Nolle Prosequi, Charges Dismissed

  • Charges Dismissed Battery on a Person over the 65 Years old
    Felony

    Case Style: State of Florida v S.S.
    Case No.: 2017-6661-CF
    Court: Columbia County - Third Judicial Circuit

    Charges: Battery on a Person over the 65 Years old F.S. 784.08(2)(c) - No Information, Charges Dismissed

  • Charges dropped Possession of Cocaine
    Felony

    Case Style: State of Florida v N.L.
    Case No: 2017-CF-544-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Possession of Cocaine - F.S. 893.13(6)(a), Possession of Narcotic Paraphernalia - F.S. 893.145 - Reduced to Misdemeanor Court, Entered into Pre-Trial Diversion and charges dropped.

  • Charges Dismissed Robbery
    Felony

    Case Style: State of Florida v R.B.
    Case No.: 2017-CF-165-A
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Robbery: 812.13(2)(c) - No Information, Charges Dismissed

  • Acquitted at Trial Robbery: Sexual Battery By a Person in Familial or Custodial Authority
    Felony

    Case Style: State of Florida v W.P.
    Case No.: 2016-CF-570
    Court: Marion County - Fifth Judicial Circuit

    Charges: Robbery: Sexual Battery By a Person in Familial or Custodial Authority - F.S. 794.011(8)(b) - Acquitted at Trial

  • Pre Trial Intervention Possession of Cocaine
    Felony

    Case Style: State of Florida vs. C.J.
    Case No.: 2019-CF-0140
    Court: Alachua County - Eighth Judicial Circuit

    Charges: Possession of Cocaine - F.S. 812.131(2)(B)- Pre Trial Intervention

  • Hung Jury at Trial – Mistrial Conspiracy to Commit Robbery with Firearm
    Jury Trial - Felony

    Case Style: State of Florida vs. C. C.
    Case No.: 01-2011-CF-1198-B
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Robbery with Firearm – F.S. 812.13(2)(A); Conspiracy to Commit Robbery with Firearm – F.S. 812.13(2)(A); Hung Jury at Trial – Mistrial.

  • Acquitted at trial Aggravated Battery on Pregnant victim

    Jury Trial - Felony

    Case Style: State of Florida vs. J. H.
    Case No.: 01-2010-CF-2255-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Aggravated Battery on Pregnant victim – F.S. 784.045(1)(B) – Acquitted at trial

  • Acquitted at Trial of all charges Three counts of Domestic Battery
    Jury Trial - Misdemeanor

    Case Style: State of Florida vs. A. R.
    Case No.: 01-2009-MM-6725-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Three counts of Domestic Battery – F.S. 784.03(1a1); Acquitted at Trial of all charges.

  • Acquitted at Trial of all charges. Trafficking in Methamphetamine

    Jury Trial - Felony

    Case Style: State of Florida vs. K. H.
    Case No.: 01-2008-CF-1725-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Trafficking in Methamphetamine – F.S. 893.135(1)(F); Acquitted at Trial of all charges.

  • Acquitted at Trial of all charges. Battery
    Jury Trial - Misdemeanor

    Case Style: State of Florida vs. W. W.
    Case No.: 01-2007-MM-9791-A
    Court: Alachua County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Battery – F.S. 784.03; Acquitted at Trial of all charges.

  • Acquitted at Trial of all charges. Sexual Battery of Child
    Jury Trial - Felony

    Case Style: State of Florida vs. D. R.
    Case No.: 38-2007-CF-744-A
    Court: Levy County – Eighth Judicial Circuit

    Charges (including the disposition of the case): Lewd or Lascivious Molestation of Child > 12 – F.S. 800.04(5b); Sexual Battery of Child > 12 by Custodian – F.S. 794.011(8b) – Acquitted at Trial of all charges.

  • Charges Dismissed Petit Theft
    Misdemeanor

    Case Style: State of Florida vs. C.L
    Case No.: 2019-MM-1908
    Court: Marion County - Fifth Judicial Circuit

    Charges: PETIT THEFT - F.S. 812.014 - Deferred Prosecution Agreement. Charges Dismissed.