District Court of Appeal of Florida

A trial court's suppression of defendant's breath test results in a prosecution for driving under the influence is affirmed where the state used tap water in monthly agency inspections of the breath testing instrument, and not distilled or de-ionized water, as required by law.

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

• HAZOURI, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Bill McCollum, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellant.


• For Appellees:
  
• Donna P. Levine of Law Office of Donna P. Levine, West Palm Beach, for appellee.