In State of Florida vs. Laura Hanahan, (Case No. 11-2012-CT-000357AXX, Collier County, Florida), the Trial Court stated, “This Court is extremely concerned that FDLE has given the manufacturer free reign to modify the Intoxilyzer 8000 in any manner they see fit. There is no way to say that the Intoxilyzer 8000 as modified is the same instrument approved for use in the State of Florida in 2002.”
The Trial Court here referenced approximately seventeen different modifications that have occurred to the Intoxilyzer 8000 breath testing instrument subsequent to its alleged approval in 2002. The Trial Court eventually held that the Government would be held to a higher standard in having to prove at trial that the modifications do not affect the accuracy and/or reliability of the Intoxilyzer 8000.
It is unfortunate that the manufacturer of the Intoxilyzer 8000, along with the Florida Department of Law Enforcement, has seen fit to keep the public in the dark for as long as they have regarding the problems surrounding the Intoxilyzer 8000 breath testing instrument. How many times will this instrument be recalled by the manufacturer and/or the Florida Department of Law Enforcement before the Courts recognize that this instrument is a true lemon?
As the turnover of employees with the Florida Department of Law Enforcement continues, it seems that only more and more revelations are coming to light. It took only six years for a former Department Inspector with the Florida Department of Law Enforcement to finally reveal the fact that the Intoxilyzer was only working due to the fact of a hole being drilled into one of its air valves. What more will be discovered? It seems at this time that there may now be new issues regarding the software used in the Intoxilyzer 8000 breath testing instrument. Again, considering the instrument is a computer-driven one, the computer’s software is a critical issue in determining the reliability of any breath testing results.
Stay up to date for more posts regarding the Intoxilyzer 8000 software manipulation by this manufacturer. It truly is time to draw in the reigns of the Intoxilyzer 8000’s manufacturer.