“In addressing this issue, this court is vigilant in its responsibility to protect the citizens of Brevard County by closely scrutinizing claims that breath testing instruments utilized in this jurisdiction fail to conform to the governing statutes and administrative rules,” the ruling said.
A successful court challenge could have lead to reduced charges, or even dismissals, in numerous cases of driving under the influence, legal experts said, because prosecutors then would have to rely on other evidence. That includes officers' testimony about field sobriety tests or police video, said Michael Bialys, Los Angeles DUI lawyer.
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