Essen and Essen Lawyer Challenges States Breath Test Machine Maintenance Practices
Thousands Of DUI Cases May Be Overturned
(PRWEB) January 15, 2005 -- Criminal defense attorneys’ and lawmakers
nationwide watch as prosecutors and officials in South Florida scramble to
correct improper breath analysis equipment maintenance practices.
Essen,
Essen, Susaneck, Canet & Cohen, P.A.’s, Carlos Canet, lead defense attorney
for cases in Broward County, Florida, has raised an important question regarding
the effects of unapproved and incorrect monthly maintenance procedures for
breath analysis equipment that may have jeopardized the state of Florida’s
credibility in thousands of DUI cases tried in Broward County since 2001, when
the Florida Department of Law Enforcement (FDLE) implemented the testing
standards now in question. Although strict guidelines and calibration policies
are outlined by the FDLE for the monthly maintenance of highly sensitive
equipment that law enforcement agencies use in prosecuting DUI, the firm
documented that these rules were not being followed during a routine deposition
while questioning a breathalyzer machine's operator (Case
#04-014921MM10A).
"Thousands of people in this county go to jail and lose
their licenses based on what these machines say. The police made up these rules
and they should be following them," according to Canet. Canet also said,
"Defendants could use the issue of whether or not breath test machines have been
maintained in accordance with the states approved rules to appeal convictions or
withdraw pleas. It could also be a viable argument in cases that are not yet
resolved." Mr. Canet’s concerns could have nationwide repercussions should it be
found that other law enforcement agencies are also not following their own
rules.
Carlos Canet is a partner at the law firm of Essen, Essen,
Susaneck, Canet & Cohen, P.A. The firm can be reached at e-mail protected
from spam bots or by phone at 305.935.6680.
Essen, Essen, Susaneck, Canet
& Cohen, P.A., is a Miami, Florida based criminal defense law firm headed by
Richard Essen. The firm practice is limited to the defense of drunk driving
cases.
Contact: Richard Essen
National Toll Free Phone:
1.888.30.ESSEN
Email: e-mail protected from spam bots
Web Site: www.richardessen.com
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Source : http://www.prweb.com/releases/2005/1/prweb197386.htm