|Plug Pulled on Prosecution|
Criminal Defense Lawyer and DUI Attorney Casey Ebsary notes a Driving under the influence case where the Judge pulled the plug on a DUI Prosecution using an Intoxilyzer 8000. The shenanigans began when Breath tests were uncovered where the Inspection and maintenance of breath testing machines were fudged. The court ruled there was not Substantial compliance with the Florida Administrative Code and administrative rules where the inspector pulled the plug on machines after they failed calibration, but before the failure was uploaded to the Florida Department of Law Enforcement’s FDLE main computer. Plug pulls are fraudulent practices and constitute systematic intentional destruction of evidence. The plug pulls erase data of failed inspections.
Intoxilyzer Case Excerpts:
“The motions were based on the claim that no data reflecting a failed or problematic inspection of the Intoxilyzer 8000 would be recorded as a result of a possible power cut or “plug pull” to the machine before an inspection cycle was completed.”
“The record below reveals that conflicting expert testimony was presented by both parties. As set forth above, a reviewing court must defer to the factual findings of the decision-maker who actually observed the witnesses testifying while considering any legal conclusions made from such testimony. It is not this Court’s duty, nor is it within this Court’s province, to make determinations concerning the credibility of witnesses and the weight of the evidence.”
“This Court notes that the identical claim raised in ground one of the instant appeal was also raised in an appeal by the State in State of Florida v. Toniann Gardella, Case No. 09-88AC10A. There, the circuit court (Judge Paul L. Backman), acting in its appellate capacity, found no reversible error on the claim. On July 16, 2010, the State of Florida sought certiorari review in the Fourth District Court of Appeal, and on October 25, 2010, the Fourth District Court of Appeal issued an order denying certiorari review.”
Source: FLWSUPP 1802MEDI
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