Broward County judges will have to consider the accuracy of breath test machines after a State inspector has been fired for tampering with them. Florida Department of Law Enforcement fired Sandra Veiga last year for allegedly mishandling the inspections of breath test machines. Veiga admitted to turning off machines that were believed to fail inspections. This could have jeopardized the reliability of the results.
Individual agencies are responsible for performing their own mechanical inspections and then the State comes in for inspections annually. Veiga had been responsible for State inspections for two years in Broward, Miami-Dade and Monroe counties. Miami DUI defense attorneys question the accuracy of the evidence obtained by the breath test machines. Last week 33 defense attorneys on behalf of over 150 Miami DUI clients challenged the validity of the breath test in Court.
Broward County Judge Lee Jay Seidman ruled that the machines under the control of Veiga have been "fatally compromised." The "evidence gathered in such troubling circumstances" is not sufficient for a jury review. This ruling may have an effect between 500 and 1,000 driving under the influence cases currently in the system.
If you or a loved one has been charged with a Miami DUI, contact a knowledgeable attorney for help with your case. My firm has over 100 years of combined legal experience and has handled countless alcohol related cases. Often times evidence is consider improper or obtained illegally which can negatively impact a client's case.
There are many aspects of DUI evidence that could be questioned. I look at whether the blood alcohol content test had been properly administered. I examine the environmental factors that could impact field sobriety testing. I check to ensure that proper procedure had been used by the arresting officer in initiating the traffic stop. Finally, I challenge all the facts of the case and fight for your rights.
