Sandefer & Murtha Law Blog

Recently we were successful in our objections to exclude testimony and evidence on a charge of 2 counts of lewd and lascivious contact with a minor.  The Judge ruled that statements sought to be introduced from people the minors had allegedly talked to about the alleged events were inadmissible.  Additionally, the allegations of each minor could not be presented in the trial regarding the other’s allegations to bolster the others charge.  This is a rare ruling in today’s legal climate, and we commend the Judge for making what we believe to be the proper  legal ruling.

In early March motions were heard in Pinellas County Court to suppress the breath test results on all test performed with the new Intoxilyzer 8000 machines in Pinellas County.  Judge Donald Horrox is scheduled to rule on the motions in late March or early April 2008.   The motions are based on similar motions granted in Leon County last fall.   The motions state that the results of a breath can be influenced by the length of time a person blows in to the machine and the strength of the blow.  In other words, the longer and stronger a person blows the higher the reading.  Experts were presented who verified this problem in the machines.  If the motions are granted it could affect most DUI cases in Pinellas County.  

In late April Judge Horrox denied the motions on the breath machine.  Certainly some of the cases will be tried and, if a loss occurs, an appeal on this suppression will follow.  Unfortunately, the defense can not file an appeal before a trial.   We are keeping tabs on the cases from Tallahassee in that regard.  The fight continues. 

This month several motions to suppress evidence are scheduled to be heard.    Motions are scheduled regarding bad stops,  illegal searches, and other evidentiary issues.   Recently, we were successful in having the breath test results on a pending case held inadmissible due to improper  information being provided by the police about the non-availability of a blood test to confirm or reject the breath test.

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