Legal Topics

Criminal law — Driving under influence — Discovery — Inspection and disassembly of Intoxilyzer

May 21st, 2024 in by admin

Motion to inspect, photograph, or videotape exterior and interior of Intoxilyzer is denied — Type of inspection requested is not included in “full information” that must be made available to defendant under section 316.1932(1)(f)(4), no evidence was presented to indicate that purpose of inspection is based on anything more than mere suspicion that Intoxilyzer used to test defendant’s breath may have been different from others, and machine has been repaired since defendant’s testing four years ago