The State Attorney's Office has dropped DUI charges against Janet Landrum, a Manatee woman who has been arrested for DUI a staggering 11 times. On her most recent arrest, Landrum blew a .119 (there is a presumption of impairment at .08 in Florida.) According to experts, the State dropped the charges because there was a concern that the breath test in Landrums' case would have a negative impact on other cases that the State is currently prosecuting. The reason? The Intoxilyzer 8000 sometimes takes two samples but only reports one. Additionally, the machine sometimes reports BAC levels without reporting breath volume. Because the manufacturer would not let Landrum's defense lawyer inspect how the machine works, the Judge refused to admit the BAC results as evidence. Thus, the State was required to drop the charges against Landrum.
Additionally, the State says it dropped the DUI charge because Landrum
was convicted of driving without a license and is serving a four year
prison sentence. Two judges in Sarasota/Manatee have refused to accept
breath tests results from the Intoxilyzer, which could have an impact
on hundreds - if not thousands - of cases. It appears that the Florida
Supreme Court will be making the final decision on the admissibility of
Intoxilyzer 8000 results in court.
If you have been charged with DUI, contact a Tampa DUI lawyer at Taracks
& Associates today. A consultation with one of our experienced Tampa
DUI attorneys is always free of charge. We have the knowledge and experience
necessary to fight the State's case against you. Act now - you only
have ten days from the date of arrest to challenge the suspension of your
driver's license. Taracks & Associates - The Advocate For You.