Manufacturers putting profits over ethics

Katz says that some manufacturers seem to put profit over ethics. In a recent interview, he told us that there was a group of attorneys in New Jersey who had the same kind of litigation that his firm has initiated to keep the results of the flawed Intoxilyzer 8000 out of evidence. He explained, "The manufacturer there actually gave up the source [computer] code. The big sales pitch for the instrument they were using was that it tests every sample in two ways: one through a fuel-cell test and the other through infrared spectroscopy - just like the Intoxilyzer 8000 does. If both results don't agree within a certain tolerance, then it rejects the test."

"Well, when the attorneys got the device's source code, they were able to have their experts analyze it. However, their experts said, 'Wait a minute; it doesn't do that at all.' Instead, it tells the instrument to report that it does match and give the one result from the infrared spectroscopy. The president of the company had to take the stand and admit that they had lied in their advertising material. So, that's what we're dealing with. This is a business and they'll do anything they can to sell their instrument."

Florida judges agree with Katz

Katz says that his recent hearings about the issue in Orange County were in front of all of the judges at the same time and they unanimously agreed with him. "We did four days' worth of hearings, bringing in $20,000 worth of experts from around the country. However, they haven't even ruled on all the issues yet. At this point, they've only really ruled on one of them and have reserved ruling on the others until this particular issue is resolved. So, even if we lose this appeal, we've got 19 other issues for which we'll go back to the drawing board. I estimate that it will likely go on for years. However, in the meantime, the state continues to offer pleas to lesser charges."

What will happen with the Intoxilyzer?

According to Katz, his guess is that somewhere along the line his firm is going to lose due to the amount of the money the state has spent on these instruments. However, in the meantime, he says that he's able to get his clients' charges reduced from DUI to reckless driving. If you have questions about a DUI in Florida, contact an experienced DUI lawyer to discuss your situation and evaluate your options. Consultations are free, without obligation and are strictly confidential.