Friday, August 21, 2009

Broward County Judge Suppresses Intoxilyzer Test Due To Fraudulent Practices and Systematic Intentional Destruction of Evidence By FDLE Inspector

The JAA Blog posted an order entered by Broward County Circuit Court Judge Seidman. It is also discussed in the Sun Sentinel here. The JAA Blog stated here that: "Judge Lee Seidman issued a strongly worded order this morning granting defense motions to suppress breath test results ("The Veiga Motion"). He is the first judge to rule of the roughly fifteen who sat en banc to hear the issues (twelve county court and Gold, Murphy and Towbin-Singer from the Circuit."

The JAA Blog posted highlights from the order, which is hosted by the JAA Blog here, including:
Highlights from the order: "The Court finds that the law pertaining to the CMI Intoxilyzer 8000 used in this case was not substantially complied with. Moreover and certainly more troubling is the further finding that fraudulent practices and the systemic intentional destruction of evidence occurred regarding these state regulated breath alcohol testing machines ...No forensic computerized machine designed and used by humans to provide their government with evidence in a criminal proceeding against its citizens can ever overcome or replace the integrity of its human caretakers and operators ..."


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