Broward DUI Lawyer Continues Intoxilyzer Challenge
Broward County DUI Attorney Carlos A. Canet continues Intoxilyzer challenge in Fort Lauderdale DUI courtrooms.
Recently, the firm on behalf of all of our DUI clients charged with DUI in Broward County, continued its efforts to challenge breath test results. Originally South Florida DUI Lawyer Carlos A. Canet filed several motions before each of the county court judges in the Fort Lauderdale Courthouse requesting exclusion of breath test results. The main grounds were based upon the manner in which the FDLE had managed or mis-managed the Alcohol Testing Program.
Specifically, it has been alleged and will be proven that the FDLE has failed to adequately carry out its legal duty to ensure accurate and reliable results. This has been reflected in the way local and department field inspectors have handled their responsibilities in maintaining local breath test equipment.
In response the Broward State Attorney's Office directly challenged the legal viability of continuing the breath test motion in the criminal courts and filed a motion to strike. Mr. Carlos A. Canet, long associated with DUI defense in South Florida has fought back in order to protect his client's right to have these matter heard before judges that are familiar with the issues raised.
So far the fight has been very close. Some local judges have actually ignored the prevailing law and the suggestion of our Supreme Court that such matters should be heard in the criminal court as a matter of "sound public policy," and have granted the state's motion. Mr. Canet is in the process now of setting up those few cases for appeal.
