Legal Topics

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

Jul 24th, 2018 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 certification program is implemented by persons within Florida Department of Law Enforcement’s Alcohol Testing Program who also assist with other regulations of officers and breath testing equipment within FDLE’s Criminal Justice Standards and Training Commission where ability to challenge grants of legislative authority to an agency does not reach down to questioning how agency is organized into various offices — So long as FDLE has an ATP and is certifying breath testing machine inspectors, delegation of legislative authority to FDLE has been satisfied — Petition for writ of certiorari is denied