Thursday, October 08, 2009
Hillsborough County DUI Sheriff Tries To Explain Away Abuse
Video of DUI cases from inside the Hillsborough County, Florida jail flies in the face of denials of abuse and rule-breaking by Hillsborough County Sheriff David Gee. This is the same jail where a paralyzed guy in a wheelchair was dumped.
Have you been the subject of mishandling by law enforcement? Tell Me Your Story Toll Free 1-877-793-9290 .
Labels: Breath Test, David Gee, DUI Tampa Attorney, DUI Tampa Lawyer, Hillsborough County Sheriff, Hillsborough DUI Attorney, Hillsborough DUI Lawyer, Intoxilyzer 8000, Section 1983
Big Trouble for DUI Cases with Intoxilyzer 8000?
Tampa DUI Attorney reports that Hillsborough DUI cases involving Tampa Bay area law enforcement may be in jeopardy in this investigative report from ABC News Channel 10. According to the investigative report, law enforcement has been breaking numerous rules when handling DUI cases.
Tell Me Your Story - Toll Free 1-877-793-9290 .
Labels: Breath Test, Hillsborough DUI Attorney, Hillsborough DUI Lawyer, I-8000, Intoxilyzer 8000
Wednesday, September 16, 2009
DUI Tampa Attorney on Florida Refusal of Breath Test
Under Florida DUI law refusal to submit to a breath, urine, or blood test can be used as admissible as evidence in a DUI criminal case. This short video goes behind the scenes and into an interrogation room at a local police station where a professional DUI investigator is informing the suspect of his options under Florida's implied consent law.
Tell Me Your Story Toll Free 1-877-793-9290 .
DUI Tampa Attorney Florida Lawyer
Labels: Breath Test, dui refusal, implied consent, refusal
Wednesday, August 05, 2009
Florida DUI Breath Test Results, Jury Instructions, and Presumptions
Tampa Florida DUI Attorney / Lawyer Reports: Court rules that where State Attorney / Prosecutor could only provide Intoxilyzer 8000 inspection reports from month before, from month of, and two months after defendant's breath test and where State could not provide proof that the inspection was done the month after breath test, court ruled that the State would not be entitled to presumptions that apply to breath tests. We have previously discussed those presumptions here.
Source: 16 FLE Supp 751a
You are presumed innocent of DUI in Florida.
For help from a Board Certified Expert Call 1-877-793-9290.
Tampa Florida DUI Attorney / Lawyer
Labels: Breath Test, Breath Test Results Affidavit, DUI Jury Instructions, I-8000, Intoxilyzer, Intoxilyzer 8000
Saturday, July 04, 2009
Florida DUI Attorney on Confrontation Clause Win
Florida DUI Attorney notes a huge win for the defense of criminal charges including DUI and BUI. Chemical tests submitted by paperwork are often at the heart of the prosecution's case. The Supreme Court held this week in Melendez-Diaz v. Massachusetts, that a state forensic analyst’s laboratory report certificate created for use in a criminal prosecution violates a defendant's Sixth Amendment right to confrontation. The court noted that the certificates were affidavits falling squarely within the "core class of testimonial statements" addressed by the Confrontation Clause as set forth in Crawford v. Washington, 541 U.S. 36 (2004).Writing for the 5-4 majority, Justice Scalia indicated:
"This case involves little more than the application of our holding in Crawford v. Washington, 541 U. S. 36. The Sixth Amendment does not permit the prosecution to prove its case via ex parte out-of-court affidavits, and the admission of such evidence against Melendez-Diaz was error. We therefore reverse the judgment of the Appeals Court of Massachusetts and remand the case...."
When Chemical tests submitted by paperwork are at the heart of the prosecution's case against you, we can help. The call is free, and the relief can be invaluable.
Stop Worrying - Call Now! 1-877-793-9290
Florida DUI Chemical Test Attorney Lawyer
Labels: Breath Test, Breath Test Results Affidavit, florida dui attorney, florida dui lawyer
Saturday, May 02, 2009
Florida Law Review Intoxilyzer Discussed
The January 2009, University of Florida Law Review has an extremely detailed discussion of the Intoxilyzer in Florida DUI cases. The article notes, "Breath testing machines, however, often malfunction, leading to incorrectly high blood alcohol readings, sample volume irregularities, and unexplained readings." The author concludes, "Florida should allow a DUI defendant to review the computer source code of a breath test machine if impairment is at issue in the case. Barring that, the state should negotiate for source code access to allow defendants to verify the machine's accuracy."The article is available for free here.
Board Certified Criminal Trial Lawyer, W.F. ''Casey'' Ebsary, Jr. is available for a free initial phone consultation, when the Intoxilyzer 8000 is used. Call Toll Free 1-877-793-9290.
Labels: Breath Test, business purpose license, I-8000, Intoxilyzer, Intoxilyzer 8000, Tampa DUI Attorney, Tampa DUI Lawyer
Wednesday, March 11, 2009
Florida DUI Mobile Jails
Pasco DUI Attorney noted recent reports of mobile DUI holding cells inside a new mobile "drunk tank" , according to the St Pete Times. A 46-foot trailer will be used by the Pasco County Sheriff's Office at DUI checkpoints. The mobile unit contains an Intoxilyzer 8000 machine. The trailer is a refurbished crime prevention trailer. The trailer was refurbished using a $16,000 state grant obtained by a new grass roots organization called the Alliance for Substance Abuse Prevention and a $14,000 federal grant obtained by the Sheriff's Office. There are two holding cells inside the trailer, the Breathalyzer, several computers , and a DVD player so deputies can watch videos of arrests.
Pasco County DUI Defense Attorney
Labels: Breath Test, Pasco County Dui Defense Attorney, Pasco DUI, Pinellas DUI Lawyer, Pinellas Traffic Attorney, Tampa DUI Attorney
Saturday, May 03, 2008
Florida DUI Breath Test Affidavit Inadmissible
The Florida Supreme Court ruled that the admission of those portions of breath test affidavit pertaining to breath test operator's procedures and observations in administrating the breath test constitute testimonial evidence and violate the Sixth Amendment's Confrontation Clause in light of U.S. Supreme Court's holding in Crawford v. Washington. The Court found that since the Breath Test affidavit is testimonial in nature and was created by technician solely for purpose of proving a critical element in defendant's DUI prosecution, the general rule that records kept in ordinary course of business are generally admissible does not apply when record is being prepared at specific request of law enforcement agency and is not simply a record that is normally generated by that business under circumstances that do not involve law enforcement.
In case at issue, it was error to admit those portions of breath test affidavit pertaining to breath test technician's procedures and observations in administering the test. Source: 33 Fla. L. Weekly S279a
Florida DUI Attorney Lawyer Intoxilyzer 8000
In case at issue, it was error to admit those portions of breath test affidavit pertaining to breath test technician's procedures and observations in administering the test. Source: 33 Fla. L. Weekly S279a
Florida DUI Attorney Lawyer Intoxilyzer 8000
Labels: Breath Test, Breath Test Results Affidavit, dui blood test, DUI Hillsborough, DUI Tampa Attorney, Intoxilyzer
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