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Labels: Breath Test, Breath Test Results Affidavit, DUI Jury Instructions, I-8000, Intoxilyzer, Intoxilyzer 8000

Florida DUI Attorney notes a huge win for the defense of criminal charges including DUI and BUI. Chemical tests submitted by paperwork are often at the heart of the prosecution's case. The Supreme Court held this week in Melendez-Diaz v. Massachusetts, that a state forensic analyst’s laboratory report certificate created for use in a criminal prosecution violates a defendant's Sixth Amendment right to confrontation. The court noted that the certificates were affidavits falling squarely within the "core class of testimonial statements" addressed by the Confrontation Clause as set forth in Crawford v. Washington, 541 U.S. 36 (2004).

Writing for the 5-4 majority, Justice Scalia indicated:

"This case involves little more than the application of our holding in Crawford v. Washington, 541 U. S. 36. The Sixth Amendment does not permit the prosecution to prove its case via ex parte out-of-court affidavits, and the admission of such evidence against Melendez-Diaz was error. We therefore reverse the judgment of the Appeals Court of Massachusetts and remand the case...."

When Chemical tests submitted by paperwork are at the heart of the prosecution's case against you, we can help. The call is free, and the relief can be invaluable.

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Florida DUI Chemical Test Attorney Lawyer

Labels: Breath Test, Breath Test Results Affidavit, florida dui attorney, florida dui lawyer

Florida Administrative DUI License Suspension Overturned because There was no evidence presented below to show that Deputy had reasonable suspicion to detain the Suspect to perform field sobriety exercises. The DHSMV argued that Suspect was not detained by Deputy, the only evidence presented to the hearing officer regarding Suspect's interaction with Deputy showed that a detention occurred. Suspect testified that Deputy asked for his license and that he waited approximately an hour for a second Deputy to arrive after giving first Deputy his license. Suspect also testified that he felt that he was not free to go and that he never got his license back.

The Appeals Court recognized that retention of a driver's license for such things as conducting a warrants check does not always constitute detainment; however, the Court found that holding Petitioner's license for an hour while waiting for backup to arrive turned into a detainment, and absent evidence in the record showing a lawful basis for such detention, the hearing officer departed from the essential requirements of the law in upholding Petitioner's license suspension.

The Court notes that though the second Deputy's affidavit may have provided facts constituting reasonable suspicion to detain Suspect to perform field sobriety exercises, the first Deputy's unlawful detainment of Suspect prior to the second or backup Deputy's arrival rendered the arrest unlawful.

Florida Administrative DUI License Suspension

Source: Case No. CA08-1236

Labels: Administrative Suspension, Breath Test Results Affidavit, DHSMV

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

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