Faulty Breathalyzer May Cause Hundreds of DUI Cases to be Thrown Out
One criminal defense lawyer is causing a bit of a tumult as he is
aggressively challenging the accuracy of a particular breathalyzer used
by the FDLE. If his challenge follows through in court when he addresses the judges that have dealt with cases involving the now famous Intoxilyzer 8000, then possibly hundreds of DUI cases in Palm Beach County may be thrown out due to inaccurate evidence. This could be an extremely significant event and thus the manufacturing company of the
Inoxilyzer 8000 is conducting its own investigation into the machine’s
DUI Evidence to be Called Inadmissible
According to an article in WPTV News, South Florida defense lawyer Brian Gabriel has filed several motions claiming the DUI breath test used throughout the state is unreliable. This time, he says a tiny hole is the source of an entirely new problem.
Gabriel said an adjustment made to the machine in 2006 was done without going through the proper channels, leaving its results, he says, useless in court. Gabriel showed NewsChannel 5 photos of the tiny hole drilled into part of the machine to make it work properly. He said it is then covered by a small plate. According to him, it was all done without the required approval.
“The FDLE and the manufacturer made every step to keep this secret, never disclosed it, never put it in writing, they put a plate on top of the whole to cover it up,” Gabriel said.
Alan Triggs, an attorney for CMI INC, the machine’s manufacturer, said, “there is pending litigation in South Florida regarding this very issue. It is CMI’s policy not to discuss issues that are currently being litigated.”
Some counties do not allow the results from the Intoxilyzer 8000 into court, but Palm Beach County however, does allow this information. If you have been charged with a DUI, contact a criminal defense lawyer immediately after arrest. It is critical that you get in touch with a criminal defense lawyer immediately, your future may very well depend on it.