For years, the argument over the computer code inside the state’s alcohol breath-test machines has hampered hundreds of DUI prosecutions in Sarasota and Manatee counties.

It appears the problems will not stop anytime soon, despite a recent ruling on the issue from the 2nd District Court of Appeal.

Judges in Sarasota and Manatee counties have ruled that defendants have the right to examine the evidence against them, including the computer code inside the Intoxilyzer 8000. They have issued a subpoena for it.

The manufacturer, CMI Inc. of Kentucky, says the code is a trade secret and has so far refused to comply with the subpoenas. In cases where breath test results are the most compelling evidence, prosecutors have had to dismiss or reduce charges.
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SARASOTA COUNTY – The Former Braden River High football coach was sentenced to 10 years in prison Friday on a DUI manslaughter conviction for a 2009 crash that killed his best friend and fellow coach.

The sentence followed state guidelines, roughly splitting the difference between the 12-year sentence prosecutors requested and the four years defense attorneys asked for after a dozen friends and family got up to speak on his behalf.

Circuit Judge Donna Berlin said it was obvious the former coach was a good coach and good teacher, and was much loved by his family and friends.

“I think people make bad decisions,” Berlin told him, as she also sentenced him to five years of probation with community service such as speaking about drunk driving consequences.

The former coach partied for more than eight hours and consumed more than 14 drinks before veering off State Road 681 in March 2009, crossing two lanes of traffic twice and overturning his Ford F-150, killing best friend and fellow coach Doug Garrity, prosecutors said.

The former coach choked back tears Friday as he read a statement to the court, where he talked about how low he has felt since the crash.

“I want the court, friends and family to know I carry the sorrow for Doug’s loss every day in my heart. The events of March 21, 2009, have cost me the career and profession that both I and Doug loved and the ability to help high school boys and girls become productive young men.”

“I can only hope any young person who sees me and hears these words will apply my situation as a lesson.”

“For those I have helped to guide in the past, and those I will not in the near future, I am sorry. Doug was not merely someone that I worked with, but he was one of my best friends, in essence, a second brother to me. And there is not anything I would not do to bring him back. I love Doug and I miss him everyday.

“I am not a menace to society or a horrible person, I am a caring and hardworking husband, brother and son.”

The wreck and subsequent trial of the former coach led to his brother, James, being sentenced to jail on contempt of court charges for refusing to testify against Josh hunter in the case. Both Hunters were in the SUV when it crashed.

Been arrested for drunk driving in Sarasota? Feel free to contact our Sarasota DUI Lawyers for a free consultation:

Sarasota County Office
1990 Main Street, Suite 750
Sarasota, FL 34326
Phone: 941-916-3627

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As you may have heard, the former football coach at Braden River High School was officially convicted of DUI manslaughter, but he is now asking for a retrial. A story from today’s new:

SARASOTA — As former Braden River High football coach Josh Hunter awaits in jail to be sentenced for DUI manslaughter, his attorney has asked for a new trial before a judge decides his fate.

Hunter’s attorney, Brett McIntosh, has filed a motion for a new trial, focusing on Circuit Judge Donna Berlin’s ruling about statements made by Hunter’s friend, Matt Braselton, a passenger in Hunter’s pickup truck on May 22, 2009, when Hunter crashed his truck near Venice.

On May 17, a jury found Hunter guilty of DUI manslaughter for driving his truck off the County Road 681 on-ramp to Interstate 75 and causing it to overturn, ejecting his best friend and assistant coach Doug Garrity from the vehicle, killing him. Blood tests later showed Hunter had a blood-alcohol-content level of .21, nearly three times the legal limit in Florida of .08.

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