Faulty Breath Tests Conducted Since 2006

For years, drivers across Florida have been arrested and convicted of DUI charges based on flawed alcohol breath test machines that reported impossible results.

The problematic Intoxilyzer 8000s stayed in service, unquestioned, because state officials never tested a key component or performed mandatory reviews of every breath test.

As a result, thousands of DUI breath tests taken on machines as far back as 2006 inaccurately measured the amount of breath being blown into them. Experts and a Sarasota County judge have now said the tests on one of the worst machines — used in Venice — cannot be relied on, raising questions of whether drivers statewide wrongfully faced DUI charges.

Inspectors in the process of checking every machine this year have so far found that about 40 percent of 231 machines were incorrectly measuring the flow of breath into the Intoxilyzer 8000, including machines in Sarasota, Manatee and Charlotte counties.

Since the breath flow sensors were not checked before 2008, there is no way to know how long they had been incorrectly calibrated since the machines went into service in 2006.

FDLE started quietly fixing the machines in January and putting them back into service, without noting how far off the machines’ measurements were. The officials are not informing defendants who may have been wrongfully convicted or unfairly lost their driver’s licenses after being tested on the flawed machines.

If you believe you may have been wrongfully convicted or have recently been charged with DUI in Florida, our Charlotte County DUI defense attorneys can help you. Contact us right now to schedule a free legal consultation.

DUI Manslaughter Convict Charged With DUI

Before he was sentenced in August 2003 for DUI-manslaughter, James N. wept and apologized to the victim’s family.

The sentence included a six-year prison term. He was released from a Florida prison on Sept. 6, 2008 and started serving five years of probation.

On Aug. 20, 2011, James was arrested in Volusia County. The charge: boating under the influence.

Officers with the Florida Fish and Wildlife Conservation Commission said in a report that they were patrolling the St. John’s River within Volusia County shortly before 11 p.m. on Aug. 20. They said they noticed the engine of a 17-foot ski boat tangled in a barbed-wire fence that extended from the shoreline.

Authorities said James was the boat’s operator. He appeared to be confused about why the boat would not move.

Freeing the boat, commission officials did a boat safety inspection, the report said. While on board, they detected a strong odor of alcohol coming from James, who was unstable and had slurred speech.

James was arrested after completing a field sobriety exercise.

The arrest constituted a violation of the terms of his probation. On Sept. 6, a Marion County judge signed off on an arrest warrant for VOP.

James, 45, turned himself in at the Marion County Jail on Sept. 14. Court records show he’s being represented by the Public Defender’s Office.

James declined an interview request from the Star-Banner.

In addition to prison time and probation, the sentence for the DUI-manslaughter included a $500 fine and court costs, 100 hours of community service, and permanent revocation of James’ driver’s license.

Because of his past and very serious offense, it’s even more vital for James that he contacts a Port Charlotte DUI attorney at Musca Law to discuss his legal defense then it would be for others charged with DUI.

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South Florida Man Convicted of DUI Manslaughter

A South Florida man has been convicted of DUI manslaughter.

A Palm Beach County jury found 39-year-old James C. guilty on Thursday.

Authorities say James had been drinking the evening of Oct. 13, 2006, before he crashed into Lucy M., who died at the scene.

James’ blood alcohol level was recorded at .12 percent. State law considers a driver impaired at .08.

James faces up to 15 years in prison at his Oct. 21 sentencing.

RIP Lucy – Charlotte County DUI Attorneys

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Hundreds of Hernando County DUI Cases to Be Tossed?

Hundreds of DUI Cases could be thrown out or overturned because of a series of violations at the Hernando County Sheriff’s Office involving the breath testing procedure.

The rules for administering breathalyzer tests in the state of Florida are very strict and need to be followed in order for the results to be admitted into court. However, from August of 2010 until May 19 this year, it appears the Sheriff’s office did not comply with the mandates for breathalyzers.

Video obtained by 10 News shows deputies rifling through the file cabinets in the breathalyzer room. They eventually bring in a subject and tape him.

Florida code says the equipment and the room shall only be accessible to a person issued a valid permit by the agency and to persons authorized by a permit holder.

No one in the room held a valid permit, nor did they have the permission of the permit holder.

Sheriff’s Office Colonel Mike Maurer admits the agency got caught on tape with its pants down.

He says, “There was a violation of the state code on unlicensed persons entering the breathalyzer room and we did find evidence of that. It was kind of a catch-22 and it was forced upon us.”

According to Maurer, “That night a patrolman came in with a DUI and our contract employees refused to come and they refused and subsequently resigned.”

However, DUI expert witness Stephan Daniels says, “They just disregarded the rules. It’s like the attitude, ‘Oh well, who is going to catch us?”

But there’s an even bigger problem: the people giving the breath tests don’t meet the qualifications.

Daniels says it affects everybody that got a DUI in Hernando County. He claims the Hernando Sheriff’s Office violated the state code regarding DUI breath tests and it could result in hundreds of cases involving the “Intoxylizer 8000″ breath testing machine being overturned or thrown out.
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Editorial: DUI Patrols … Think Before You Take Risk

Law-enforcement authorities want everyone to know:

There will be stepped-up patrols for driving under the influence from now through the long Labor Day weekend.

A press release the other day announced the Collier County Sheriff’s Office will be joining forces with the Florida Highway Patrol — which is even assigning office staff to help out — to make our streets safer.

Yes, the odds of getting caught and arrested will increase for those who drink and drive.

We would hope that something else would happen: drivers thinking about taking the chance, and endangering the rest of us, would decide it’s not worth the risk.

If you’ve been charged with DUI in Charlotte County or elsewhere in Florida, we understand your arrest may have been unjustified. To discuss fighting the charge, contact our Charlotte County DUI attorneys today at 941-209-1046 right now for a free legal consultation.

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Charlotte County DUI Crackdown Runs Through Labor Day

If you intend to drink alcohol before getting behind the wheel this weekend, be warned that law enforcement throughout Sarasota, Charlotte and Manatee counties are on special alert to nab impaired drivers.

From today through Sept. 5, Sarasota sheriff’s deputies say they will be engaged in enhanced DUI enforcement – especially at night and on weekends.

In Manatee, sheriff’s deputies, Bradenton Police and the Florida Highway Patrol will have special patrols from 5:30 p.m. today until 3 a.m. in areas with a history of DUI-related accidents.

Charlotte County sheriff’s deputies and Punta Gorda Police say, today through the Labor Day weekend, they also will step up DUI enforcement.

Don’t give police a reason to charge you with DUI this weekend. However, if you are charged with DUI, don’t assume your own guilt. Instead, contact a Charlotte County DUI lawyer at Musca Law right now for a free phone consultation. We can help you in regard to your driver’s license and your criminal case.

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What is the rising curve defense in DUI cases?

A defense to DUI based upon the claim that the driver was not under the influence and did not have .08% blood alcohol when he or she was driving, but that it rose to that level after arrest due to the fact that alcohol was still being absorbed. Consequently, a long delay between being pulled over and having a BA test helps the suspect in many cases.

Contact our Florida DUI defense attorneys today to discuss your unique legal defense.

AL Man Gets Sentenced to 62 Months for Pensacola DUI

An Alabama man has been sentenced to five years and two months in prison after his 10th DUI conviction.

Fifty-four-year-old Michael N. of Mountain Brook, Ala., was sentenced Wednesday in Pensacola federal court. He pleaded guilty May 16 to driving under the influence and driving with a suspended license.

The Pensacola News-Journal ( http://bit.ly/oH5SQc) reports that Michael’s driving history includes 13 DUI arrests and nine prior DUI convictions in Alabama.

The Florida case stems from a Nov. 24 arrest at the west gate of Eglin Air Force Base.

A U.S. Attorney’s statement says Michael reeked of alcohol and had trouble rolling down his window and opening the car door. The report also says he was unable to complete field sobriety testing.

If you’ve too been charged with DUI in Florida, there’s a chance you can avoid going to jail and all the other extremely harsh penalties associated with DUI. A Charlotte County DUI attorney at our firm may be able to help you get the charge(s) against you dropped. Contact us today 941-209-1046 for a free legal consultation.

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Tim Mahoney Charged With DUI in Palm Beach Gardens

Former U.S. Congressman Tim Mahoney was arrested on a DUI charge after police said they found him sleeping in his parked car on a South Florida road early Saturday.

Mahoney, a Democrat who filled former Congressman Mark Foley’s seat, was sleeping behind the wheel around 3 a.m. Saturday in Palm Beach Gardens, police said. Fifty-four year-old Mahoney was charged with DUI “based on the investigation and after talking to the driver,” Palm Beach Gardens Police Commander William Brandt said.

No other details were given. Mahoney, a multimillionaire venture capitalist, was released on his own recognizance Saturday morning, according to a jail spokeswoman.

A telephone message left for Mahoney was not immediately returned Saturday.

It’s the second scandal to rock Mahoney in recent years. The political newcomer who ran on a family values platform lost his re-election bid in 2008 after revealing he’d had several affairs and put one of his lovers on the federal payroll as a congressional staffer. She later became a campaign worker.

He then fired her – he says for performance issues – and paid her $121,903 to keep her quiet and avoid a sexual harassment lawsuit.

Mahoney has insisted he broke no laws. His wife later filed for divorce.

Mahoney also acknowledged a 2007 affair with a high-ranking Martin County official in his district around the time he successfully lobbied the Federal Emergency Management Agency to give the county a $3.4 million hurricane cleanup reimbursement.

Florida’s 16th District, which spans parts of eight counties from Palm Beach County westward toward the Gulf, has been a magnet for sex scandal in recent years.

Republican Mark Foley resigned from Congress in 2006 amid revelations that he sent lurid Internet messages to male pages who had worked on Capitol Hill as teenagers.

If you’ve too been charged with DUI in the Palm Beach area, you have little time to waste before your license is automatically suspended and, more importantly, you must appear in criminal court. Contact a Palm Beach DUI attorney at our firm today to discuss your case.

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CCSO Wins DUI and Click it or Ticket Challenges

Charlotte County Sheriff Bill Cameron announced that the agency won two first place awards in the Florida Law Enforcement Challenge held in Orlando July 22. Sheriff Cameron said, “I am very pleased to report that the Charlotte County Sheriff’s Office won the DUI and the“Click it or Ticket” Challenge; the Challenge was for our participation in the ‘Over the Limit, Under Arrest’ campaign.”

Sheriff Cameron also said, “In Florida 562,000 people are involved in traffic crashes annually, half are killed or injured, two-thirds of those killed were not using seatbelts, and one-third of all fatalities are alcohol related. This places a lot of responsibility on our Traffic Safety Team and our road deputies who have done an outstanding job.”

Each Florida law enforcement agency is placed in a specific category based on agency size; CCSO was in the 150 to 200 law enforcement officer category. Various statistics are submitted that includes crash data, seat belt usage data, media releases, arrests, and citations issued. The goal is to educate the public and save lives; it has been proven that during these campaigns, traffic fatality rates for the state go down during these enforcement periods.

According to Sgt. Thomas Scott, head of the CCSO Traffic Safety Team, “We had a chance to win a Chevy Tahoe or Dodge Challenger, however the Perry Police Department won the Tahoe, and the Manatee Sheriff’s Office won the Challenger. We did receive a number of points that CCSO can “spend” in an on-line catalog. We are using our points to get new traffic safety equipment for our Traffic Safety Team, and our four District Offices. We are also going to utilize our points to reward the top traffic producers in each of our four districts.

If you ask me, challenges of this nature shouldn’t even exist, but they do and still aren’t done properly. Why? The simple fact of a DUI arrest doesn’t mean the suspect was guilty. It’s not rare, in any sense, that police in Charlotte County make a mistakes when arresting people for DUI and they shouldn’t be honored for that.

If you’ve been accused of DUI or a related crime in Charlotte County, you would be well advised in contacting a defense attorney at to discuss your legal options. Call 941-209-1046 right now to speak with a Charlotte County DUI defense attorney at Musca law.

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