Eric Giunta
Will Florida Supreme Court make DUI breathalyzers inadmissible?
FacebookTwitterGoogle+
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
'The fervent prayer of the righteous'

Siena Hoefling
Protect the Children: Update with VIDEO

Selwyn Duke
Race and IQ: A high school science fair project ignites a storm

Larry Klayman
Larry Klayman seeks appointment as special counsel to root out Mueller, et al.

Bryan Fischer
Why school shootings: not enough God, not enough guns

A.J. Castellitto
The rise of Rachael DenHollander

Jerry Newcombe
Warnings from the Founding Fathers on our reckless national spending and debt

Rev. Austin Miles
FDR's 'New Deal' Social Security Act just that

A.J. Castellitto
How the Deep State promotes, exploits and condemns 'Islamophobia'

Alan Keyes
Do dueling memos foreshadow ruins of liberty?

Larry Klayman
Time to remove Mueller and prosecute the Clintons

Bryan Fischer
Leftist author thinks Bible is "badly written" - is she right?

Rev. Mark H. Creech
Unprecedented increase in midlife white death rate for NC. Why?

Michael Oberndorf
Like a ton of bricks
  More columns

Cartoons


Click for full cartoon
More cartoons

RSS feeds

News:
Columns:

Columnists

Matt C. Abbott
Chris Adamo
Russ J. Alan
Bonnie Alba
Jamie Freeze Baird
Chuck Baldwin
Kevin J. Banet
J. Matt Barber
. . .
[See more]

Sister sites