Eric Giunta
Will Florida Supreme Court make DUI breathalyzers inadmissible?
FacebookTwitter
By Eric Giunta
February 7, 2013


The Florida Supreme Court heard oral arguments Tuesday in a case that could have ramifications for the tens of thousands of drivers who are subjected to breathalyzer exams every year in the Sunshine State

Three criminal defendants, charged with drunk driving in Seminole County, are trying to obtain documentation relating to the software employed by CMI Inc., whose breath alcohol testing devices are the only ones whose results are admissible in Florida courts.

At issue is the proper legal procedure for obtaining these documents, which are held by CMI in its Kentucky headquarters. Attorneys for the defendants argue courts only need to subpoena the documents from CMI's registered state agent, while the company insists the documents need to be obtained following the procedures established by Florida's "Uniform Law to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings" ("Unform Law").

CMI is headquartered in Owensboro, Ky. Under the Uniform Law, which Kentucky has also adopted, a witness living in Kentucky can only be compelled to appear in a Florida court if the appropriate Kentucky court certifies and approves the Florida subpoena.

Lawyers for the DUI defendants argue that, according to the statute's plain language, the Uniform Law only applies to the subpoena of persons, not of documents. . . .

Catch the rest of the story, only at Sunshine State News!

© Eric Giunta

 

The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)

 

Stephen Stone
HAPPY EASTER: A message to all who love our country and want to help save it

Stephen Stone
The most egregious lies Evan McMullin and the media have told about Sen. Mike Lee

Siena Hoefling
Protect the Children: Update with VIDEO

Stephen Stone
FLASHBACK to 2020: Dems' fake claim that Trump and Utah congressional hopeful Burgess Owens want 'renewed nuclear testing' blows up when examined

Jim Wagner
The Salt of the Earth

Michael Bresciani
Calling Charlie Kirks from across America – step up, finish the work

Cliff Kincaid
Stop Islamic terrorism in New York City

Steve A. Stone
The Slow Coup, Part 25

Rev. Mark H. Creech
Charlie Kirk: A martyr for faith and freedom

Victor Sharpe
The day that broke our hearts also revealed the strength of our heroes

Jerry Newcombe
With honor flights, patriotism is alive and well

Pete Riehm
Democrats scream democracy is dying, while Trump is saving the Republic

Curtis Dahlgren
'Equity' in incarceration = INjustice for Asians and Caucasians

Cliff Kincaid
When 'health policy' means disease and death

Joan Swirsky
A fitting psychiatric diagnosis

Tom DeWeese
Urgent alert! A new fight to stop carbon capture pipelines
  More columns

Cartoons


Click for full cartoon
More cartoons

Columnists

Matt C. Abbott
Chris Adamo
Russ J. Alan
Bonnie Alba
Chuck Baldwin
Kevin J. Banet
J. Matt Barber
Fr. Tom Bartolomeo
. . .
[See more]

Sister sites