Miami-Dade DUI Defense attorney Carlos A. Canet, continued his efforts on August 3rd and 4th, 2009, to discredit Florida Department of Law Enforcement inspection procedures for Broward County Intoxilyzer breath test machines. If successful the outcome could results in hundreds of breath tests being thrown out of court in Broward. A very distinguished panel of county and circuit court judges are considering the several issues being raised by DUI Defense Lawyer Carlos A. Canet.
The hearing, that had originally commenced on July 31st, 2009 had to be continued because the defense had not completed its presentation. The next witness called by Miami-Dade DUI Defense Lawyer Carlos A. Canet was Dr. Stefan Rose. Mr. Thomas Workman of Massachusetts had been called previously and had help to discredit FDLE Intoxilyzer inspection procedures.
Dr. Stefan Rose had helped to demonstrate that the Intoxilyzers used to test persons arrested for DUI in Broward County were not the same type of Intoxilyzer originally approved by the FDLE. The principle difference being a critical component known as the infrared filter. According to the manufacturer, the infrared filters inside an Intoxilzyer breath test machine must filter light at a specific infrared micron bandwidth or else the device would be as useful as a paper weight.
It was shown that because several technical reference sources, including some from the manufacturer itself, had reported several different micron bandwidths for supposedly the same model breath test machine it could not determined with certainty which micron bandwidths were approved for use in Florida Intoxilyzers. Dr. Rose testified that the difference in the bandwidths would affect the analytical process used by the machine to identify and measure alcohol on a persons breath.
Miami-Dade DUI Attorney Carlos A. Canet was very pleased with the testimony of Dr. Rose and was certain that it had convinced the judges of this problem with the approval of Broward County Intoxilyzers.
