Legal Topics

Criminal Law — Driving Under Influence — Evidence — Breath Test — Inspection And Maintenance Of Breath Testing Machine — Inspector’s Certification

May 12th, 2020 in News by admin

Criminal law — Driving under influence — Evidence — Breath test — Inspection and maintenance of breath testing machine — Inspector’s certification —

No merit to contention that certification of breath testing machine inspector was invalid because rules regulating certification program are not promulgated by Alcohol Testing Program but by Criminal Justice Standards and Training Commission — ATP and CJSTC are not independent agencies; they are programs or divisions within Florida Department of Law Enforcement, which ultimately promulgated rules at issue — No merit to claim that rule governing certification of inspectors does not cite to correct authorizing statute — Even if rule did not cite to correct authorizing statute, exclusion of results of properly administered breath test is not warranted where alleged defect in rule has no nexus to reliability of breath test — Motion to suppress is denied