State Sues Cmi, Inc. Over Disclosure Of Intoxilyzer 8000 Source Code

Lawsuit filed against manufacturers of breath-test machine manufacturer's by the State of Florida in efforts to analyze coding used by the machines

The State of Florida has filed a lawsuit against the manufacturer of the Intoxliyzer 8000 breath-testing machine. CMI, Inc., the company that manufacturers the Intoxilyzer has been taken to court over the controversy surrounding the disclosure of the “source code,” that controls the operation of the device. In the early 1980, CMI introduced the Intoxlizyer to the law enforcement landscape. The Intoxilyzer was the first breath test machine to use infrared light technology to measure the concentration of alcohol on a test subject’s breath sample. Over the years, people tested on an Intoxilyzer have challenged the use of their breath test results in court. The Law Office of Carlos A. Canet, P.A., has been at the leading edge of many of those challenges. Carlos A. Canet is a South Florida DUI defense lawyer has made a career of studying the operation and use of the Intoxilyzer in DUI cases. Mr. Canet has employed his experience and knowledge of the Intoxilyzer on behalf of his clients charged with DUI throughout the State of Florida. He has represented DUI clients in Miami-Dade County, in Fort Lauderdale in Broward County and in Palm Beach County. In 2005, Mr. Canet began his quest to obtain the computer source code that controls operation of the Intoxilyzer. The Intoxilyzer uses a series of infrared light filters to create a ratio of infrared light absorption intensity that is then translated by the machine into a breath test result. Mr. Canet is aware that CMI uses inferior products to produce the machine, including sub-standard infrared light filters. The result is a sloppy measurement that will fail to exclude other volatile organic chemical compounds in the breath. These other compounds that can be misidentified as alcohol and cause a false positive reading. Obtaining the computer source code for the machine can prove and highlight this deficiency. However, CMI has steadfastly refused to disclose the machine computer source code. The company has repeatedly claimed that the source code is intellectual property and protected as a trade secret. As a DUI defense lawyer Mr. Canet has been able to place in jeopardy breath test results in Miami-Dade County, Fort Lauderdale in Broward County and Palm Beach County because courts have held that the source code must be disclosed. Since CMI is refusing to follow court orders to disclose there is a substantial risk that evidence of breath test results will be excluded as a result. Visit http://www.carlos-canet.com today for experienced DUI attorney advice!

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DUI defense attorney in Florida is the driving force behind the Law Office of Carlos A. Canet, P.A. He has been in practice for 25 years and his experience during that time has been devoted exclusively to the defense of criminal cases.

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Dalemark(05.15.2012 10:1:37): This is horrible for those like me who who was adveisd to plea no contest & received my license being suspended for 1 year, 1 yr suspended sentence, have to go to 3 different classes & testing cost apx $400, attorney $1000, fines over $1300, $75 monthly fee for sentence & community servc which I have to do 120 hrs less than 3mon the other above completed in 30 days or I go to jail when I knew that there was no way I could of blew a .16BAC at 11am in the morning. Officer was so physical i looked like someone had beat me, told him been very ill with pneumonia couldn't keep blowing over & over he threatened me he would say I refused the test so after doing it 4 times in a roll before the machine would stop failing he came up with the bac of .16 which in OK is aggravated DUI plus I wasn't even driving I was sitting in my car eating in a parking lot. Not to say my criminal record I have now & I've never been in trouble in my like I'm a Nana this has been devasting to my family whom I take care of elderly parents & I haven't driven since Feb because wasn't told about th 15 days or given any papers from the police dept I didn't know my BAC til I saw my lawyer in Oct. This is so sad that so many people are paying for something that effects their life forever & I ask for a blood test & police refused so it's your word against theirs. If I had a BAC that high I shouldn't of even been walking or talking. Something should be seriously done to insure the accuracy of these machines because your life depends on it so if it's this serious then they should be giving blood test when this is really the only way you can determine a BAC. Shame on our law enforcement agency & our lawyers & judges who are all in this together. So corrupt & what a shame at the expense of good hard working citizens just trying to get by & all they really want is to suck you dry of all your money & make it as difficult on you as possible.