2005 CT 004856 2/3/2009 — 004856 2/3/2009
The Manatee County Sheriffs stopped the Defendant for reckless driving. The police noticed signs of impairment and asked him to do some field sobriety tests. The Defendant was subsequently arrested for DUI. The Defendant took a breath test and blew nearly twice the legal limit. His breath test was a .18. Darren Finebloom attacked the reliability of the breath machine and requested certain documents from CMI the manufacturer of the Intoxilyzer 8000. The company refused this request. A motion to exclude the breath test was filed and the Judge excluded the States use of the results. Darren Finebloom filed a motion to suppress the breath test because of this failure to turn over the code. The Judge excluded the breath test and the State reduced the charge to Reckless.
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