Home -> Law Blog Directory -> Criminal Law Blogs -> JAABlog

Criminal Law

: JAABlog

SEIDMAN SAYS "NO" TO FAULTY INTOXILYZER

By JAABLOG

Judge Lee Seidman issued a strongly worded order this morning granting defense motions to suppress breath test results ("The Veiga Motion").  He is the first judge to rule of the roughly fifteen who sat en banc to hear the issues (twelve county court and Gold, Murphy and Towbin-Singer from the Circuit.  "Uncle Fred" Berman recused himself).Click here for the order.  Highlights from the order:"The Court finds that the law pertaining to the CMI Intoxilyzer 8000 used in this case was not substantially complied with.  Moreover and certainly more troubling is the further finding that fraudulent practices and the systemic intentional destruction of evidence occurred regarding these state regulated breath alcohol testing machines ...continue to full post

Full post as published by JAABlog on August 21, 2009 (boomark / email).