Florida DUI Attorney in Tampa just reviewed an interesting case on the Intoxilyzer 8000. The case dealt with Felony driving under the influence DUI. CMI, the manufacturer of the breath machine saught to stop a defense attorney from getting the “source code” of the machine. The machine is run be a “secret” set of instructions that operate the device. The manufacturer alleged that the subpoena was not issued properly under the Uniform Law to Secure the Attendance of Witnesses from Within or Without the State in Criminal Proceedings. The court ruled that the law does not apply for subpoenas duces tecum that seek only the production of documents. The defendant had sought only the production of computer source codes of intoxilyzer equipment used to test defendant’s breath. The subpoena was served on the corporation’s registered agent in Florida. The ruling also made a finding that CMI does business in Florida by selling the Intoxilyzer / Breathalyzer to law enforcement agencies.
Source: CMI, INC., a Kentucky corporation, Petitioner, v. JANET LANDRUM and STATE OF FLORIDA, Respondents. 2nd District.