Thursday , September 21 2017
Home / Florida DUI News / Florida Breath Testers Not Registered

Florida Breath Testers Not Registered

Stephen Daniels of DUI UNDO Consultants has announced a new challenge he discovered while spending time trolling the Florida Administrative Rules regarding breath testing in Florida.  Under Florida Administrative Code section 11D-8 which covers the testing of substances for alcohol in DUI cases, an evidentary breath test instrument must be registered prior to use.  The rules under 11D8-004(4) state that Department Inspectors shall be employed… to register evidentary breath test instruments…  Until the last 30 registrations, all breath test instruments were registered in the State of Florida by the Alcohol Testing Program Manager, Laura Barfield.  Ms. Barfield is not, nor was she ever a Department Inspector.  Mr. Daniels argument, which is being picked up throughout the State of Florida is that since Ms. Barfield was not a Department Inspector, the Instruments were never properly registered, making every breath test in the state invalid.  Only time will tell if judges in the State of Florida agree with this position.

Intox Registration

 

About the author:

David S. Katz limits his practice to the defense of DUI cases in the State of Florida.  He is the former lead DUI prosecutor with the Seminole County State Attorney’s Office.  David is one of only three Board Certified DUI Defense Experts in the State of Florida and teaches DUI Defense across the country to other lawyers.  David was earned his DUI Board Certification in July 2012 from the National College for DUI Defense, the only organization accredited by the American Bar Association to confer this recognition.  David is not certified as a specialist by the Florida Bar.  You can contact David at 321-332-6864 or on the web at http://www.orlandocriminalteam.com/dui-defense-attorney/

About David Katz

David Katz
David Katz is one of only 3 Board Certified DUI Defense Experts practicing in the State of Florida. David achieved recognition asa DUI Defense Expert in July of 2012 from the National College for DUI Defense, the only organizations accredited by the American Bar Association to award Board Certification in the area of DUI Defense. A founding partner of Katz & Phillips, P.A., David Katz is a former Assistant State Attorney and DUI / Intoxilyzer Lead Attorney with the Seminole County State Attorney’s Office. David has prosecuted cases in both Orange and Seminole Counties. Chosen by the Florida Prosecuting Attorney’s Association, David taught DUI trial skills to new prosecutors statewide. As the Seminole County Intoxilyzer Lead Attorney he received unique training and experience with the Intoxilyzer 8000, including access to the manufacturer of the device, which he now uses to aid in the defense of DUI cases. David has been the featured speaker at Continuing Legal Education Seminars focused on DUI Defense, lecturing to attorneys practicing DUI defense throughout the country. David is also the author or co-author of seven books on DUI defense including three Inside the Minds series books focusing on DUI cases. As a defense attorney David has focused his practice on DUI defense and has played a key role in the suppression of thousands of breath test results in Central Florida and surrounding areas, acting as the lead attorney in suppression hearings focusing on source code and machine malfunction issues. David is truly focused on his clients needs. He has received the 2012 AVVO Client Choice Award and the 2013 Client Distinction Award from Martindale-Hubbell. Further, David was recently featured in NEWSWEEK Magazines' 2012 Showcase of Leading Criminal Defense Attorneys. The only dedicated DUI defense attorney to be featured this year. PROFESSIONAL AFFILIATIONS: The National College for DUI Defense The National Association of Criminal Defense Lawyers The Florida Association of Criminal Defense Lawyers The Central Florida Association of Criminal Defense Lawyers The American Bar Association The Florida Bar Association The Orange County Bar Association The Seminole County Bar Association The Lake County Bar Association DUI is not recognized as a specialized area of law in Florida, therefore Mr. Katz is not certified as a Specialist by the Florida Bar.

If you would like to contact the author, please visit: http://www.orlandocriminalteam.com/


Leave a Reply

Your email address will not be published. Required fields are marked *

*