“Did the sample that was analyzed and reported meet the minimum breath volume criteria for a sample?”
Tampa, Florida DUI Attorney, Lawyer W.F.”Casey” Ebsary, Jr. ran into a potential witness in during our live coverage of the Intoxilyzer 8000 hearings in Tampa’s Circuit Courthouse. He has given us some interesting findings of breath test data that is not disclosed to Florida DUI Defense Attorneys that may be helpful to fighting DUI charges that use a breath result. DUI consultant Stephen Daniels with DUIUndo.com has given us some interesting information about the Intoxilyzer 8000, I-8000.
“The state cannot prove that any breath test result from Intoxilyzer 8000 is reliable without presenting the individual Cobra data for the specific test in question.”
We already knew, before Mr. Daniel’s report, that the Intoxilyzer 8000 used in Florida DUI prosecutions will automatically log on to the Florida Department of Law Enforcement’s computer network and upload activities including calibration, testing, and individual DUI defendant’s tests. This auto-login will occur every 150 DUI subject tests. This data is commonly referred to as C.O.B.R.A. Data. C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives. We routinely access these records in defending DUI charges in Tampa, Florida and elsewhere.
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Some people refer to COBRA as: In simple terms, C.O.B.R.A. is a cross-jurisdictional database search and analysis system. In Florida, COBRA Data is referred to as: “Computer On-line Breath Archives” We publish the story and a few notes by Florida DUI Attorney, Casey Ebsary, below:
Stephen Daniels Writes on Intoxilyzer Software
Florida Criminal Procedure 3.220 (4) As soon as practicable after the filing of the charging document the prosecutor shall disclose to the defendant any material information within the state’s possession or control that tends to negate the guilt of the defendant as to any offense charged, regardless of whether the defendant has incurred reciprocal discovery obligations.
Note From Florida DUI Attorney: The Intoxilyzer 8000 used in Florida DUI prosecutions will automatically log on to the Florida Department of Law Enforcement’s computer network and upload activities including calibration, testing, and individual DUI defendant’s tests. This auto-login will occur every 150 DUI subject tests. This data is commonly referred to as C.O.B.R.A. Data. C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives. We routinely access these records in defending DUI charges in Tampa, Florida and elsewhere.
|Oregon Cobra Data Sample|
If you notice pic 082 jpg of Oregon’s Cobra Data, that data includes two more lines of data than the Florida Cobra data. Those two additional lines of data; the sample duration and the ‘sample attempts raise serious doubts as to what is actually analyzed and reported. If you notice the 1st sample has
Breath Volume: 2.355
Sample Duration: 8.28
Sample Attempts: 2
This breath test sample did not have a ‘VOLUME NOT MET’. It was the result of two (2) sample attempts each of ‘unknown’ sample duration. The print out from the Florida and Oregon Intoxilyzer 8000 printers only show the BrAC results and air blanks. Florida Cobra shows the additional Cobra data of the ‘Breath Volume”
However, the Oregon Intoxilyzer 8000 Cobra data shows ‘additional data’ not only of the breath volume, it also shows the following information that is vital to determining what actually happened during the individual breath test blows The Oregon Intoxilyzer printout that the state discovered only shows that my client provided two test results. But the Oregon Cobra Data (pic 82 jpg) from my PRR revealed data that shows that my client actually made to (2) sample attempts on the 1st test blow:
Sample Duration: 8.28
Sample Attempts: 2
Question From Tampa, Florida DUI Attorney: Why is each state making custom software modifications to these machines that have been approved by the United States Department of Transportation D.O.T.?
|Florida Intoxilyzer Test Requirements|
We know from the online FDLE/ATP records that the Intoxilyzer 8000 does not need the 1.1 liter of breath volume to issue a BrAC result. There are 1000’s of breath test results that have a BrAC result with only a 0.015 breath volume. My point is, per Florida’s records, and applying the missing Oregon’s Cobra Data to any test result from a Florida Intoxilyzer 8000, could the defense not argue that ‘without’ full disclosure of the ‘individual Cobra Test data’ the state cannot proffer these results as ‘scientifically reliable or accurate’. Why? Because the state cannot show that the minimum criteria was in fact met when more than (1) sample was provided during the 1st or 2nd breath samples, and without this data the state cannot prove that any BrAC result from a Florida Intoxilyzer 8000 is in ‘Barfield’s terminology’…. wait for it….. Quantitative of the Subject’s Breath Alcohol Level.
What does Cobra stand for and how can it help us Beat a DUI Breath Test?
C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives.
|Oregon Cobra Data Set|
1. BrAC result
2. Breath Volume
3. Flow Rate (R Value)
4. Sample Duration (seconds)
5. Sample Attempts
6. Sample Chamber Temperature
7. Barometric Pressure
8. All Diagnostics During Sample Collection
9. Rounded Slope
10. Rounded Intercept
11. Stored Tests in Memory Mask
Tampa DUI Attorney Note: Florida only requires the report spit out of the machine at the time of testing and a few documents that establish monthly and annual testing / calibration to be put before a jury.