Wednesday, December 07, 2005

DUI - Legal fight centers on breath tests

Wednesday, December 07, 2005

"A heated battle in Seminole over DUI evidence, a state attorney seeks changes to the law. . . .

Saying a Seminole County judge has gone too far and is putting the public in danger, State Attorney Norm Wolfinger is pressing Florida legislators to revise the state's drunken-driving law during its five-day special session this week. It was unclear Monday whether anyone would introduce his bill, and Russell Schweiss, a spokesman for Gov. Jeb Bush, said there was virtually no chance the item would be added to the session's agenda. Wolfinger, whose territory covers Seminole and Brevard counties, asked for the change Friday evening, three days after Seminole County Judge Ralph Eriksson threw out all the evidence against a 27-year-old Casselberry man arrested on a drunken-driving charge. That move was the latest and most aggressive by Eriksson, one of four Seminole County judges who since January have thrown out hundreds of breath-alcohol readings, saying Wolfinger's office is withholding evidence. That evidence is the computerized source code at the heart of the Intoxilyzer 5000, the breath-alcohol machine used by every law-enforcement office in the state."

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DUI - Legal fight centers on breath tests

"A heated battle in Seminole over DUI evidence, a state attorney seeks changes to the law. . . .

Saying a Seminole County judge has gone too far and is putting the public in danger, State Attorney Norm Wolfinger is pressing Florida legislators to revise the state's drunken-driving law during its five-day special session this week. It was unclear Monday whether anyone would introduce his bill, and Russell Schweiss, a spokesman for Gov. Jeb Bush, said there was virtually no chance the item would be added to the session's agenda. Wolfinger, whose territory covers Seminole and Brevard counties, asked for the change Friday evening, three days after Seminole County Judge Ralph Eriksson threw out all the evidence against a 27-year-old Casselberry man arrested on a drunken-driving charge. That move was the latest and most aggressive by Eriksson, one of four Seminole County judges who since January have thrown out hundreds of breath-alcohol readings, saying Wolfinger's office is withholding evidence. That evidence is the computerized source code at the heart of the Intoxilyzer 5000, the breath-alcohol machine used by every law-enforcement office in the state."

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