Prosecutors found a way this week to get around a legal dispute over the Intoxilyzer 8000, and once again were allowed to use an alcohol breath-test in a Sarasota DUI trial.

But along the way they discovered two things: the legal workaround will be expensive, and it may not always work.

The State Attorney’s Office spent at least $2,400 to bring an alcohol breath-test expert from Georgia to testify at the two-day DUI trial of a Sarasota waitress that the breath machine is valid.

The expert testimony allowed prosecutors to introduce the Intoxilyzer 8000 results of Felicia B’s breath test to the jury.

But bringing in an expert also gave defense attorneys a chance to raise doubts about the Intoxilyzer 8000. And in the end, the jury acquitted Felicia — even though the machine tested her breath-alcohol level at .10, over the .08 threshhold at which Florida considers a driver intoxicated.

While prosecutors now should be able to use the same expert to bring Intoxilyzer 8000 results into evidence in other DUI trials, Felicia’s case shows prosecutor headaches are far from over.

Using breath-tests at trial will mean paying $1,200 a day for the testimony from the expert, who may not be available when judges want to try DUI cases.

Felicia’s defense attorneys peppered the expert about problems with the machine, including malfunctions within a month of her test in August 2010.

The most convincing evidence a defense attorney said, was the video of roadside sobriety tests that show Felicia performing them effectively.

“What you see on the video doesn’t match the test,” the attorney said.
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The head of a company that makes a downloadable application enabling users to pinpoint police drunken-driving checkpoints says his sales have doubled after efforts by four senators to restrict such apps.

Steve Croke, CEO of Fuzz Alert, also said he might remove the checkpoint locating capability to prove that the app is not designed to help people drive drunk.

“It’s like an electrical version of the warning signs you see for curves ahead and so forth,” said Croke, 42. “This is nothing but a warning device, to let people know that they potentially are in an area where you should watch your speed.”

A USA TODAY story in March noted the growing popularity of apps that allow drivers to pinpoint such police enforcement tools as red-light and speeding cameras, speed traps and sobriety checkpoints. Democratic Sens. Charles Schumer of New York, Harry Reid of Nevada, Frank Lautenberg of New Jersey and Tom Udall of New Mexico asked smartphone makers Apple, Google and Research in Motion to quit selling apps that allow drivers to locate checkpoints, or to disable that function. Research in Motion, maker of the BlackBerry, agreed.
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Jane Doe’s 11th DUI arrest made her one of the area’s most infamous repeat drunken drivers, but prosecutors dropped the case against her last week amid a battle over the state’s alcohol breath-test machines.

Defense attorneys say the state dropped the case against the Manatee County woman in a last-ditch effort to protect the Intoxilyzer 8000 breath test as a key tool in prosecuting hundreds of other DUI cases in Sarasota and Manatee.

Rather than allow a judge to issue a written order that could be used to throw out all breath evidence in local DUI cases, State Attorney Earl Moreland’s office dropped the charges on Doe — despite having video and officer testimony of her erratic driving and her failure on roadside sobriety tests.

“I realized its implications on other cases,” said Assistant State Attorney Brian Iten, a felony division chief.
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Early Saturday morning, just after 1 a.m., the Sarasota County Sheriff’s Office was notified about a hit and run.

According to the Sheriff’s office, the vehicle was located in the 6200 block of Midnight Pass Rd. Deputies attempted to stop the vehicle, but the driver fled. After a short high speed pursuit the driver was arrested at Stickney Pt. Rd. and U.S. 41.

A 15 year old passenger was also in the vehicle, according to deputies. There were no injuries. The driver was charged with D.U.I., aggravated fleeing to elude, suspended driver’s license, child abuse and a warrant for grand theft auto.

If you’ve recently been charged with DUI or a related crime in Sarasota or a nearby area, it’s important you act quickly if you’d like to fight the charge. For a free legal consultation with a Sarasota DUI lawyer at our firm, call 941-916-3627 now. Are so phones are answered around-the-clock 365 days a year, so we are always prepared to aggressively defend you.

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A 51-year-old Sarasota man attempted to flee a hit and run crash and wound up behind bars Saturday morning.

John Doe is facing a variety of charges including driving under the influence.

According to a Sarasota County Sheriff’s Office report deputies were advised of a hit and run driver just after 1 am. The vehicle, with Doe behind the wheel, was eventually located in the 6200 block of Midnight Pass Rd.

When deputies attempted to stop Doe he continued driving in an attempt to flee. Following a short, high-speed chase deputies caught up with the suspect vehicle near the intersection of US 41 and Stickney Point Rd.

A 15-year-old passenger was also in the vehicle at the time of the incident. Doe was arrested and booked into the Sarasota County jail. The teen was picked up by a family member.

Doe is facing one count of driving under the influence, one count of child neglect and one count of fleeing to elude.

If you’ve recently been charged with DUI or a related crime in Sarasota or a nearby area, it’s important you act quickly if you’d like to fight the charge. For a free legal consultation with a Sarasota DUI lawyer at our firm, call 941-916-3627 now. Are so phones are answered around-the-clock 365 days a year, so we are always prepared to aggressively defend you.

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