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Case Results

CASE NO.: 14014365MU10A, Broward County, Judge M. Solomon; January 23,2015.

Allegations: Driving Under the Influence of Alcohol with a breath alcohol level above a .20.

Tools: Jury Trial. Despite the high breath alcohol level, my client did not look at all impaired on video at the breath alcohol testing facility.  That, coupled with disinterested testimony from the arresting officer and voltage irregularities with the Intoxilyzer, the jury believed there was plenty of reasonable doubt with respect to my client's culpability.  Specifically, the Intoxilyzer aborted it's own diagnostic process about a week and a half before my client took her breath test.  Then, the voltage irregularity occurred again, the day after my client took her breath test.  The Sheriff's Office's agency intoxilyzer inspector took the Intoxilyzer out of evidentiary service and sent it off to the FDLE for repair without first conducting her agency inspection.  This was a violation of the FDLE rules that the jury would not excuse.

Results: NOT GUILTY after 30 minutes of deliberation.