MOTIONS
What's wrong with our DUI judicial system? All one has to do is listen to the whispers of the DUI lawyers in the hallways of the county courthouses to get a glimpse into one of the things wrong with DUI justice to hear those three little dirty words of judicial bias called 'Black Robe Prosecutors' ...........
(the judges who always side with the state).
Here is a classic example of injustice by a so called Black Robe Prosecutor named Judge Shane Vann, County Judge for Bay County Florida. I was supposed to testify in this Motion In Limine telephonically but when Mr. Foster's DUI Attorney walked into the courtroom, Judge Vann immediately
denied the Motion 'WITHOUT' hearing the Attorney's argument and 'WITHOUT' hearing my testimony.
Click here to read the Motion In Limine To Exclude the Breathalyzer Results
Click here to read Judge Vann's Order Denying Defendant's Motion In Limine To Exclude the Breathalyzer Results
It's rulings like this is why I believe that no sitting judge should be allowed to hear DUI cases unless they have taken 'both' FDLE/ATP courses (Breath Test Operator & Agency Inspector courses on the Intoxilyzer 8000). Why? Because in law as the ol' saying goes, you argue case law first, if that fails you argue Constitutional Law, if that fails it's who ever tells the best story wins. So with that when you have sitting Judges who don't have a clue about how an Intoxilyzer 8000 works ruling on which side's attorney, the state or the defense, tells the best story... IF the judge even listens as was the case of the not so honorable Judge Vann when he stated in his ruling that he had 'considered argument of counsel and testimony of witnesses' in Mr. Foster's case. In my opinion Judge Vann should be voted off the bench by the citizens of Bay County FL.
Special Thanks to one of the Greatest Gladiators
in the area of DUI Defense Robert Harrison, Esq.
Intoxilyzer Source Code Pleadings and Orders
1st Round of Sarasota Intoxilyzer 5000 Source Code Proceedings (State v. Bjorkland)
2nd Round of Sarasota County Intoxilyzer 5000 Source Code Proceedings (State v. Irish)
The presentation for the Sarasota County Case of State v. Irish was made jointly with the Manatee County Case of State v. Almaraz. The Honorable David Denkin presided over the Irish cases and the Honorable Douglas Henderson presided over the Almaraz cases. The two judges consulted each other prior to ruling, but for jurisdictional reasons, each judge had to issue a separate order for their respective jurisdictions. The rulings in both cases were identical and were consolidated at the District Court of Appeal.
State v. Irish
State v. Almaraz
CMI's Appeal to the Circuit Court
CMI's Appeal to the District Court of Appeal
Intoxilyzer 8000 Source Code Proceedings - Judge Kimberly Bonner
CMI's Appeal to the Circuit Court
CMI's Appeal to the District Court of Appeal
Intoxilyzer 8000 Source Code Proceedings - Judge David Denkin
CMI's Appeal to the Circuit Court
CMI's Appeal to the District Court of Appeal
Intoxilyzer 8000 Source Code Proceedings - Judge Phyllis Galen
Forfa v. State - proceedings to obtain a Writ of Mandamus to require the issuance of a discovery subpoena duces tecum for the Intoxilyzer Source Code in Charlotte County, Florida
King v. State - proceedings to obtain a Writ of Mandamus to require the enforcement of a trial subpoena duces tecum for the Intoxilyzer Source Code in Charlotte County, Florida
Miscellaneous Pleadings
ORDERS
NEW: JUNE 18, 2010
Once Again the GREAT
Robert Harrison is VICTORIOUS...!!!
Writ of Cert. for CMI, Inc..... DENIED
Pull The Plug Ruling
New... May 18, 2010
Backman Opinion / Seidman Order
Source Code Disclosure Order
NEW: May 19, 2009
Stuart Hyman, Esq. of Orlando FL was successful.... again. Here's the ruling for:
Order To Disclose Software
from The Ninth Judicial Circuit in and for Osceola County, Florida (Divisions 70, 71, 80 En Banc)
NEW: February 18, 2009
Kerry Mack, Esq. of Englewood, FL and Robert Harrison, Esq. of Venice FLwere successful in arguing for the production of "Any and All Information" from CMI, Inc. regarding the uploading problems that theVenice PD had uploading data from Intoxilyzer 80-001723 to the FDLE/ATP mother computer in Tallahassee FL." The Honorable Judge Kimberly C. Bonner of the12th Judicial Circuit of Florida issued the following order:
Click Here to read pg 8 of the: COMTEMPT ORDER in which the 12th Circuit has imposed a $5,000.00 a day fine against CMI, Inc. until it complies with the Subpoena Duces Tecum.
(Funny thing, Pinellas County Sheriff Office tried using that same lame excuse about
"uploading problems" with Intoxilyzer 80-000888. During the recent DUI trial on May 21-22, 2009, PCSO Agency Inspector Cheryl Peacock tried to use this same lame "excuse" to cover up why PCSO had 52 Log-Ins from 09/08/2007 through 12-19-2007 of which 43 of those Log-Ins were"unaccounted" for.) This is another classic example of how the SAO uses their SOP to try and manipulate that gray area.)
RECENT
Carlos Canet, Esq. of Ft. Lauderdale banged his sword on his shield and rattled the walls of the DUI arena in Broward County. Mr. Canet was successful in arguing a MOTION TO SUPPRESS breath tests results in Broward County. To read the Honorable Judge Lee Jay Seidman's County Court Order from the 17th Judicial Circuit click here
Stuart Hyman, Esq. of Orlando, Florida was successful in arguing for the production of the Source Codes from the State.
Click Here to read the:
Order from the Courts in Orlando Florida for Production of the Source Codes.
RULINGS
by the
COURTS
Pull The Plug Ruling
Backman Opinion / Seidman Order