Monday, August 10, 2009

Judge denies challenge to Los Angeles DUI breath-test results

Breath-test results will stand in the cases of 56 suspected drunken drivers in Brevard County who questioned the validity of the machines used to gather the evidence.
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A ruling released today by a panel of eight Brevard County judges rejected their request to throw out breath-test results in their cases on grounds that the machine used to obtain them, the Intoxilyzer 8000, is not approved for use in Los Angeles, said Michael Bialys, Los Angeles DUI lawyer.

Fourteen lawyers who led the court challenge said there was evidence that there were machines being used with varying parts. It's important that the specific parts approved by the federal government are installed in each machine because the way in which the devices measure molecules is precise, they said.