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.
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/
