Florida Supreme Court Hears Challenge to Breath Test Software

February 6, 2013

The Florida Supreme Court is hearing a request from three drunken driving defendants for access to software for breath testing machines.

They believe an analysis of the software would show the machines are inaccurate.

The justices heard oral argument this week in the appeal that originated from Seminole County. It could, though, affect similar cases across Florida.

The defendants are appealing a ruling by the Daytona Beach-based 5th District Court of Appeal. It quashed a trial judge’s order requiring a Kentucky-based manufacturer to turn over software for the Intoxilyzer 8000.

The machine made by CMI Inc. was the only breath tester certified in Florida when the defendants were arrested.

The 5th District’s decision conflicts with two other appellate rulings. Prosecutors responded in those cases by dropping the charges.

Latest Comments

  • February 6, 2013 at 2:42 pm
    Huh! says:
    Yeah and the speedometers of these same drivers don't work either. While a defendant has a right to face the accuser, changes are they are just looking for a way to beat the t... read more
  • February 6, 2013 at 2:26 pm
    ExciteBiker says:
    I think if the state is using a piece of computer equipment that relies on source code as a critical component of the equipment's primary function to put people in jail then t... read more
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