This week the Law Office of Carlos A. Canet, P.A., a law firm specializing in defending those arrested for DUI in South Florida, filed pleadings intended to bring a massive challenge to all breath test results taken from Broward County DUI arrests.
The motion, entitled, "Motion To Exclude Breath Test Results for Lack of Substantial Compliance," outlined in detail the numerous problems kept hidden by DUI law enforcement authorities in Fort Lauderdale and throughout DUI arrests made in Broward County. DUI Lawyer Carlos A. Canet with offices in Fort Lauderdale, through investigation has documented problems with the Intoxilyzer 8000 that have prejudiced his clients arrested for DUI in Miami-Dade, Broward and Palm Beach counties.
The problems include overwhelming and insufficient oversight by the Florida Department of Law Enforcement over its field department and agency inspectors. This direct lack of supervision has led to continual and unexplained anamolous inspection results obtained from breath machines that are otherwise kept in service to test persons arrested for DUI throughout South Florida.
The most dramatic and local example was the firing of department inspector Sandra Viega who, Carlos Canet believes, was scapegoated by the FDLE and the Miami-Dade Police Department for exposing power-cutting practised by local agency inspectors to disguise problematic test results.
In Broward County, DUI defense lawyer Carlos Canet is objecting to Broward Sheriff's Office breath test results due to problems with agency inspections performed with insufficient compliance with specific regulatory requirements for mouth alcohol and alcohol free test procedures.
In addition, objections to all South Florida breath test results are being made due to insufficient compliance with the legal mandate to ensure accurate and reliable results. Florida DUI defense attorney Carlos A. Canet, has uncovered test data from the FDLE website that demonstrated that the current procedure for testing the identification of volative organic compounds introduced into the Intoxilyzer is subject to unacceptable false positives. A false positive is a result that misidentifies a non-alcohol compund as alcohol.
It is expected that this motion will lead to evidentiary hearings in courtrooms throughout South Florida where law enforcment will be forced to defend itself against these challenges.
