Can anyone explain what's going on in Sarasota with the Intoxilyzer machine, and what decision is being made December 13th 2011

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1. Licensed in FL

   

   Thomas S. HudsonPro

   Sarasota DUI / DWI Attorney

   Contributor Level 9

   

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   Answered November 16, 2011 06:15. There is a large consolidated hearing scheduled in Sarasota County, including judges from both Sarasota and Manatee Counties, on December 2, 2011. The 12/13 date is probably just a status conference to see if a decision has been reached. I am active in the issue, and will be representing 10-15 of the defendants in that hearing. Do not expect an answer to come before the 12/13 date. Many judges are scheduling status hearings for late December or early January.
   
   The issue involves whether the Florida Administrative Code adequately protects Florida citizens from malfunctioning Intoxilyzer machines, since many machines were perfectly compliant with the Code, and yet were measuring ridiculously high breath volumes. In addition, the machines mis-measuring the highest breath volumes were also recording the highest breath alcohol levels.
   
   On last issue. When it was reported to the Florida Department of Law Enforcement that the machines' breath flow sensors were malfunctioning, the FDLE response was not to shut the system down, but to quietly instruct the county Agency Inspectors not to keep records of breath volumes anymore. The courts will also be deciding if this hiding of the malfunction was a violation of the defendants' right to due process of law.

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2. Licensed in FL

   

   Barbara Blount-Powell

   Gainesville DUI / DWI Attorney

   Contributor Level 10

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   Answered November 14, 2011 08:15. Contact Robert Harrison in Venice or Stuart Hyman in Orlando.... they are the attorneys that have worked extensively on the Intoxilyzer issues in the state..... Stephen F. Daniels is not an attorney.... he is an expert who has assisted attorneys gather information and documentation from the State agencies. He may, however, know the status of the cases in Sarasota.

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   Kelly W. Case

   DUI / DWI Attorney

   Contributor Level 14

   Answered November 12, 2011 12:35. Attorney Stephen Daniels is involved in the hearings and would be the best one to contact.
   
   Good Luck!
   
   Kelly W. Case
   www.KellyCaseLawFirm.com

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