Helping Innocent People "PROVE" Their Innocence!
Swords & Shields - The GLADIATOR Library
This area is dedicated to information about the Intoxilyzer 8000 and various legal MOTIONS.
CMI, Inc William Schofeld Affidavit
Source Code Disclosure Letter from CMI, Inc.
Sarasota State's Motion For Rehearing DENIED
CMI, INC., a Kentucky corporation v. JANET LANDRUM and STATE OF FLORIDA
2nd DCA Stat v Landrum
CMI, INC. vs. JANET LANDRUM, ET AL. Florida Supreme Court
Scientific Articles on Breath Testing
The Magical Machine: Intoxilyzer 8000
The problems for anyone who is charged with a DUI in Florida are compounded because one agency is in charge of approving the evidentiary breath test machine and maintaining the records from that machine. FDLE/ATP approved the Intoxilyzer 8000 for non-evasive testing (Breath Testing) and promulgates Florida's Implied Consent Laws. Why is that a problem? It’s like the fox watching the chicken coop. I have stated for the last three years that test results are being deleted by not only state employees (FDLE/ATP Dept. Inspectors) but by the local law enforcement officers also (Agency Inspectors). When an Agency Inspector or FDLE Dept. Inspector deletes a failing test result, that action deletes exculpatory evidence that would be beneficial to the defense in regards to helping prove their client's innocence and creating doubt as to the "scientific reliability" of "any" test results from a failing machine.
Finally, my work has been validated with FDLE/ATP’s announcement that they have fired one of their own for…… wait…. here it comes… DELETING FAILING TEST RESULTS…!!! Oh, it gets better, the FDLE/ATP Dept. Inspector Sandra Veiga also instructed local Agency Inspectors on how to manipulate failing test results. I will blog about the local issue at a later time so check back for the inside scoop.
Click here to read the dismissal order of FDLE/ATP Government Analyst II MROC: Sandra Veiga.
Part I: The Investigative Report.
Part II: The Investigative Report
Sandra Veiga's alleged actions are potentially a violation of 2007-Ch0815 Section 2004 0815.04 F.A.C. 815.04 (2) there are also potentially a violation of:
U.S. CODE TITLE 18, Part I, Chapter 73, § 1512 Tampering with a witness, victim, or an informant.
So, let's sit back and look at the legal scales of justice. The Florida Department of Law Enforcement (FDLE) conducts an investigation into the actions of FDLE/ATP Dept. Inspector Ms. Sandra Veiga and finds that she did in fact commit an act that should potentially result in criminal charges. WHY? FDLE/ATP determined that Ms. Veiga comitted the act "with intent". After the "investigation" FDLE then announces that they have terminated Ms. Veiga, but FDLE stops short of charging her with criminal acts and arresting her.... hmmm...!!!
Check back here to see how this story ends. I will blog on this subject in the near future so check back to see what we have planned to spread the word on this story and demand accountability.
Now the problems with breath testing take a different spin in another state, Texas. Texas is known for everything being bigger and better. Well, in Texas the officials in charge of over- seeing the breath testing program (DPS) had a "HUGE" lapse in oversight when one of their own employees didn't just delete the monthly test results, she made up ..... wait.... here it comes.... "FAKE TEST RESULTS". With state after state having problems with non-evasive testing it would appear that breath testing is like a house of cards and that house is slowly starting to fall apart. It is becoming extremely obvious that this problem is also a national problem.
Click here for the breaking story in Texas.
Part I: Texas DSP employee arrested and charged with a felony. (I wonder why the Attorney General of Florida, Bill McCollum has not charged ....Ms. Sandra Veiga). Click here for the Texas story.
Phoenix Arizona has Intoxilyzer 8000 faling test issues also.
Click here to see the backgound information showing how CMI, Inc helped hide information on failing inspection test results.
Ohio State Troopers caught...... cheating on exams. Click here for that story.
Law Enforcement can use any ol' excuse to explain why this magical machine fails an Agency Inspection or "Subject Breath Test".
Click here for 2008's best excuse by law enforcement for a failing test result.
Check out the (2) Satellite Beach Police Department Agency Inspections conducted by Lt. Norberto Berrio that failed because of his cologne. Click Here To see the test, pages 22 -24.
DID Lt. Berrios take a BATH IN THE STUFF OR WHAT? And what kind of cologne was he wearing for the Intoxilyzer 8000 to pick the "scent" up? Vodka???
Lt Berrio conducted (2) Agency Inspections test that failed on 12-21-2007 and again on 1-1-2008, 11 days apart. BUT.... when his sloppy testing procedures gets noticed by one of FDLE/ATP Dept. Inspectors (Dwite Hackney). Lt. Berrios is able to go back in time and remember what cologne he was wearing on 12-21-2007 and.... and.... Lt. Berrios was magically wearing the cologne on 1-1-2008 and he makes up this excuse on January 3, 2008. So let's get this straight, he writes the same excuse 14 days after the first failure on 12-21-2008, and 3 days after the second test failure on 1-1-2008. WOW, I wonder who came up with this tall tale of an excuse the gatekeeper of FDLE/ATP tests on the east coast department inspector Dwite Hackney or Lt. Berrios.
In my opinion this lame excuse is anything but believable, but you have to admit, that's some fine Barney Fife police work when a law enforcement officer can go back and time, redo a testing sequence that failed (in his mind) and then come up an valid excuse for why both of those test failed... WOW... What's even more amazing is that the courts swallow this excuse hook line and sinker... because we all know law enforcement officers always, always tell the truth,,,, one just needs to ask the fired FDLE/ATP Dept. Inspector Sandra Veiga if everyone in law enforcement is honest.
Why can law enforcement use any ol' excuse? Well, in my opinion there are two (2) areas that need immediate changes to color the gray area in our Implied Consent that afford law enforcement the opportunity to tip the judicial hand in their favor.
1st: The test are not videotaped. I am calling for mandatory videotaping of all "Subject Breath Test" and all "FDLE Dept. Inspection and Agency Inspection" test.
2nd: FDLE/ATP needs to implement a sequential numbering system on the Intoxilyzer 8000 so that every time the machine is turned on to perform a "Subject Breath Test" or "FDLE Dept. Inspections, or Agency Inspections" a number is assigned to that test. Then when the Agency Inspector performs the monthly Agency Inspection and uploads the test results from that Intoxilyzer, if there are 150 numbers there better be 150 test results. Right now the public has "NO WAY" of knowing when Agency Inspections are conducted and failing test results are deleted. FDLE/ATP's firing of Sandra Veiga is proof of this problem.
How will I get these changes done? By filing a petition with FDLE/ATP challenging the validity of the "intent & structure" of some of the rules in Florida's Implied Consent Laws.
2008->Ch0120->Section%2056#0120.56"> Click here to see the legal authority to do so.
LEGAL NEWS & MOTIONS
When charged with a DUI it's always a he said- she said type of scenario. Who do the courts believe, you or law enforcement officer? This is one of the challenges of defending a DUI charge, the courts always lean towards the officers word as being "truthful" over the person's word who is charged with DUI. This is why one must do their homework before deciding on what legal counsel to hire, your defense counsel must be able to "remember" all the details surrounding your case, because believe it or not there are law enforcement officers who will lie to get a conviction out of a bad stop and wrongful arrest. That's why we've created the LIAR, LIAR, Badge on Fire Award.
This month's Liar, Liar, Badge on Fire Award goes to a couple of Pinellas County Sheriff Office employees; Cpl. Frank Felicetta and Deputy Joseph Miner who were both suspended over false reports. Cpl. Felicetta gave testimony that contradicted his DUI arrest report and Deputy Miner lied in his report about reading the DUI suspect his Miranda Rights. Click here for the rest of this story... The big question is why weren't they charged with perjury???
What do you do after you have had a couple of drinks, you are driving home and suddenly you notice that the police are pulling you over, do you do the FST’s? Do you “BLOW” or do you REFUSE to blow? Watch how Judge James Heath from Warren County Cincinnati handles this situation.
'width' is a duplicate attribute name. Line 1, position 36.
Do you see a Volume Not Met (VNM) warning flag on your client's Subject Breath Test? Is the State still going forward with your case?
The State will most likely bring in one of their big guns... Ms. Laura Brfield or one of the 6 FDLE/ATP Dept. Inspectors (scroll down to the bottom of the link to see the 6 employees of FDLE/ATP Regional Staff).
This group of people will be the "experts" that the State will use to say that the Intoxilyzer 8000 is "scientifically reliable". But, when there is a warning flag of VNM in a Subject Breath Test, the results should not be admissible, because those results are not "scientifically reliable" and the quantitative results do not accurately reflect the alcohol concentration circulating in a person's body.
However, Florida has sitting Judges making decisions on what is or what isn't reliable, talk about a true miscarriage of justice. (How can one expect a Judge to understand the complexities of the Intoxilyzer 8000 if they have never taken an FDLE/ATP Breath Test Operator course of Agency Inspector course?)
DUI undo Consultants motto for our Intoxilyzer 8000 seminar: Why should you go to a DUI undo Consultants Seminar? Because you can't undo what you don't know how to do...!!!
How can the courts make rulings on something they know do not know about?
There lies one of the problems for a person who is charged with DUI, the courts have ruled that these results are reliable "IF" the State first lays the "traditional scientific predicate". How can this be when the FDLE Commissioner, Mr. Guy M. Tunnell has stated otherwise. Click here to read his letter to Mr. Bruce H. Colton, President of the Florida Prosecuting Attorneys Association.
Who Owns The Source Codes for the Intoxilyzer 8000? The citizens of Florida, that's who. Be sure to read the section on the bottom of page (3): "CY Copyrights and right to data".
Click here to see the vendor agreement that CMI, Inc. signed giving up the "Intellectual Property Right" protection that they have used to deny turning over the source codes to the Intoxilyzer 8000.
Can the software for the Intoxilyzer 8000 be "changed" to increase the arrest rates for DUI's in a state? Yes. How is this done? Well, the first thing to do to increase a law enforcements chances of "higher" arrest rates for DUI's is to alter the part of the Cobra software program (the software that runs the Intoxilyzer 8000 in Florida) that determines if your have mouth alcohol. How does this affect my test? Well, if the software is changed to ignore mouth alcohol your breath test results could be affected by reading mouth alcohol as breath alcohol which means your results will be at a higher level. Click here to see a memo from President of CMI, Inc. Toby Hall confirming software changes in Arizona. (note: At the time of this memo Toby Hall was the Applications Engineering Manager)
I guess you really can't build a better mouse trap. Different story, same problem, different machine. It seems that another breath testing instrument's house of cards is folding. The Alcotest Breath Testing instrument report by software specialist; Base One Technologies states: "Alcotest Software Would Not Pass U.S. Industry Standards for Software Development and Testing - It is clear that the Alcotest software would not pass development standards and testing for the U.S. Government, the U.S. Military, the Federal Aviation Administration or the Federal Drug Administration, as well as commercial standards used in devices for public safety.
Click here for the full Base One Technologies report.
Wow, why would anyone expect CMI, Inc.’s Cobra software and Intoxilyzer 8000 be any better than the Alcotest instrument and its software? Maybe this is another reason why CMI, Inc. refused to sell DUI undo Consultants, LLC an Intoxilyzer 8000". Why doesn't CMI, Inc. want DUI undo Consultants, LLC to get a hold of one of their magical machines? Maybe they are afraid that our research will show that their machine is "JUNK SCIENCE".
Click here to see CMI, Inc. letter refusing to sell us and Intoxilyzer 8000.
OREGON STATE POLICE FORENSIC SERVICES DIVISION: Intoxilyzer 8000 Operator's Guide Notice on page 7 there is a:
WARNING: DO NOT TURN THE POWER OFF TO THE INSTRUMENT, UNPLUG THE INSTRUMENT, OR DISCONNECT ANY OF THE CABLES ATTACHED TO THE INSTRUMENT UNLESS UNDER DIRECTION BY A TRAINED TECHNICIAN OF THE OREGON STATE POLICE.
Now why was this WARNING NOTICE not posted in FDLE/ATP Breath Test Operator or Agency Inspector training manuals...???? Hmmmm...... I seem to remember the FDLE/ATP manager, Ms. Laura Barfield testify to receiving information on a study that was conducted by on Oregon's breath testing program.
FDLE/ATP Sandra Veiga
Pdf Files & Audio clips
Special Thanks to Michael Catalano, Esq.
Audio Clips of FDLE Investigation
PSA Lazaro Ley, MDPD
PSA Pablo Espinosa, MDPD
Off. Kevin Millan, MBPD
FDLE Inspector Sandra Veiga
Off. Kim Valezquez, MDPD
Veiga PDF1 (Memo 1)
Veiga PDF2 (Memo 2)
Veiga PDF3 (Memo 3)
Veiga PDF4 (Memo 4)
Veiga PDF5 (Memo 5)
Veiga PDF6 (Memo 6)
Veiga PDF7 (Memo 7)
Veiga PDF8 (Memo 8)
Veiga PDF9 (Memo 9)
Veiga PDF10 (Memo 10)
MULDOWNY v. STATE
MOTION TO COMPEL VIRGINIA
ARIZONA - REQUEST FOR DISCLOSURE
James Nesci, Esq. / includes CMI, Inc. President Toby Hall's testimony
"Why Call DUI undo?"
Because you can't undo what you don't know how to do.
This website is designed to provide general information and opinions on the subject matter covered. The use of the initials FDLE/ATP IS NOT INTENDED TO BE USED IN A MANNER TO BE CONSIDERED AS AN ENDORSEMENT OR ADVERTISEMENT, EITHER INTENTIONALLY OR UNINTENTIONALLY it is simply used to acknowledge the certificates "certifying" Stephen F. Daniels as an FDLE/ATP trained Breath Test Operator and Agency Inspector. DUIundo.com and DUI undo Consultants, LLC warns its viewers that there is NO LEGAL ADVICE offered or intended and DUIundo.com or DUI undo Consultants, LLC offers no legal services to its viewers. The law is complex and many similar factual situations are legally different because the laws are different from state to state or as in Florida from county to county, because the political environment of our judicial system in Florida changes with the wind or as frequently as the high tides. The information contained in this website is no substitution for legal advice from a licensed attorney. We strongly advise you to seek a licensed attorney if you are in need of legal advice. Please review DUI undo Consultants, LLC GLADIATOR section for competent and highly skilled legal representation.
Questions / Problems with this site? Please e-mail the webmaster