Accuracy of breath tests questioned; Case delayed

Florida Supreme Court to hear arguments in February

Published On: Dec 04 2012 07:46:28 AM EST   Updated On: Dec 04 2012 09:28:21 AM EST
BREATHALYZER
TALLAHASSEE, Fla. -

The Florida Supreme Court has delayed oral argument in a drunken driving appeal that could affect similar cases across the state.

Lawyers for three defendants had been scheduled on Tuesday to ask the justices to give them access to software for breath testing machines to help challenge their accuracy.

The case now is set for Feb. 5.

The defendants from Seminole County are appealing a ruling by the 5th District Court of Appeal.

The Daytona Beach-based appellate court quashed a trial judge's ruling for Kentucky-based CMI Inc. to turn over the software for its Intoxilyzer 8000.

The machine is the only breath tester certified by the state for use in Florida.

The decision conflicts with two other appellate rulings that allowed defendants to subpoena records from out-of-state companies.