DUI Tampa Attorney Florida Defense Lawyer 813-222-2220

Labels: DUI Hillsborough, dui hillsborough attorney, dui hillsborough lawyer, Pinellas DUI, St Petersburg DUI, Tampa DUI Attorney, Tampa DUI Lawyer

The Florida Supreme Court ruled that the admission of those portions of breath test affidavit pertaining to breath test operator's procedures and observations in administrating the breath test constitute testimonial evidence and violate the Sixth Amendment's Confrontation Clause in light of U.S. Supreme Court's holding in Crawford v. Washington. The Court found that since the Breath Test affidavit is testimonial in nature and was created by technician solely for purpose of proving a critical element in defendant's DUI prosecution, the general rule that records kept in ordinary course of business are generally admissible does not apply when record is being prepared at specific request of law enforcement agency and is not simply a record that is normally generated by that business under circumstances that do not involve law enforcement.

In case at issue, it was error to admit those portions of breath test affidavit pertaining to breath test technician's procedures and observations in administering the test. Source: 33 Fla. L. Weekly S279a

Florida DUI Attorney Lawyer Intoxilyzer 8000

Labels: Breath Test, Breath Test Results Affidavit, dui blood test, DUI Hillsborough, DUI Tampa Attorney, Intoxilyzer