Motion requests information about Florida breathalyzers

JACKSONVILLE, Fla. -- A local law firm has filed a motion that could impact accused DUI drivers across the state.

The motion filed Thursday by the Stone & Lockett Law Firm questions the accuracy of the Intoxilyzer 8000, a breathalyzer largely used to test drivers suspected of driving under the influence in Florida.

Attorney Mitch Stone's firm is representing 15 defendants who allege the software used in the Intoxilyzer 8000 has changed since it was approved by the State in 2002. At least seven versions of the software have been used, according to the motion.

"What we've always said from the defense side is, well we want to know a little bit more about that process, we don't want to just essentially take your word for it," said Stone.

The law firm says that not all software versions have been approved by the Florida Department of Law Enforcement's Alcohol Testing Program and the exact version used in the defendant's cases have not been disclosed.

Now the lawyers want the Duval County Court to grant a motion to order the State of Florida to produce the exact software used in the Intoxilyzer 8000 along with all the documents that prove its accuracy.

If Florida releases all of the information, the next step would be to evaluate the accuracy of the software, Stone said. If the software is found to be inaccurate, then Stone said his firm would move to suppress evidence in past cases and possibly overturn convictions.

Now Stone and the defendants must sit a wait for judges to decide if the information will be released.


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