A six-judge panel denied a request Tuesday to exclude breath-test results in 19 pending driving-under-the-influence cases.
The deputy in charge of certifying breath-testing machines for the Sheriff’s Office had a valid permit to do so, the judges ruled.
The effort to have breath-test results tossed from potentially dozens of DUI cases was led by Daytona Beach attorneys Aaron Delgado and Dan Leising, who argued Sgt. Edward Bowman’s permit to act as the inspector for the Volusia County sheriff’s three Intoxilyzer 8000 machines had expired. A paperwork error was to blame, they said.
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The lawyers said Bowman should have been retrained on the breath-testing equipment because he retired in 2003 and returned to the job five years later. Instead, Delgado argued, Bowman took a refresher course.
In a nine-page order, the judges considered the argument, but found Bowman’s permit to inspect the machines was invalid for just two months in 2008,
Bowman left his job in 2003 and was rehired in 2008. His permit, the court decided, became invalid July 1, 2008, but was good again after Sept. 29, 2008, because he completed a renewal course on the equipment, as required.
Because each of the 19 pending cases was the result of arrests after that date, when the permits were good, the motion was denied.
“There is no legal basis to exclude the breath-test results in these cases based on the argument presented,” the judges wrote.
They also did not agree with the attorneys’ position that Bowman’s permit was invalid because did not physically possess a “paper copy” of his permit.
The State Attorney’s Office, which argued against the motion, was pleased with the outcome.
“We didn’t believe it was a significant issue to begin with,” said Chris Kelly, a spokesman for the office. “And obviously, the court agreed with our position.”
Delgado said he appreciated the time and consideration the panel of judges gave to the matter, which dealt with a complex series of rules administered by the Florida Department of Law Enforcement. He said that agency, which oversees the certification and training for law enforcers using the machines throughout the state, has “some work to do if they want to make the rules clear cut.”
“I do take some satisfaction,” Delgado said, “that at least the public got to know that breath-testing machines are powered by human beings. And human beings can make mistakes.”
It took a six-judge panel to hear the matter because of the large number of cases involved. The panel was comprised of Volusia County judges who hear criminal cases.
If you have been arrested in Volusia County after failing a chemical test you are NOT necessarily guilty. Just use the above example to confirm that. If the officer’s permit had turned out to be invalid, 19 DUI convictions/pending cases would have been reversed/dropped. To learn about how you may be able to beat your DUI charge in Volusia County feel free to contact us for a free consultation either in person or by phone. If anyone can make it happen, we can. Call us at 386-341-9882 today.
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