Motions, Orders & Rulings


What's wrong with our DUI judicial system? All one has to do is listen to the whispers of the DUI lawyers in the hallways of the county courthouses to get a glimpse into one of the things wrong with DUI justice to hear those three little dirty words of judicial bias called 'Black Robe Prosecutors' (the judges who always side with the state).

Here is a classic example of injustice by a so called Black Robe Prosecutor named Judge Shane Vann, County Judge for Bay County Florida. I was supposed to testify in this Motion In Limine telephonically but when Mr. Foster's DUI Attorney walked into the courtroom, Judge Vann immediately denied the Motion 'WITHOUT' hearing the Attorney's argument and 'WITHOUT' hearing my testimony.

 

 MOTIONS

Click here to read the Motion In Limine To Exclude the Breathalyzer Results

Click here to read Judge Vann's Order Denying Defendant's Motion In Limine To Exclude the Breathalyzer Results

It's rulings like this is why I believe that no sitting judge should be allowed to hear DUI cases unless they have taken 'both' FDLE/ATP courses (Breath Test Operator & Agency Inspector courses on the Intoxilyzer 8000). Why? Because in law as the ol' saying goes, you argue case law first, if that fails you argue Constitutional Law, if that fails it's who ever tells the best story wins. So with that when you have sitting Judges who don't have a clue about how an Intoxilyzer 8000 works ruling on which side's attorney, the state or the defense, tells the best story... IF the judge even listens as was the case of the not so honorable Judge Vann when he stated in his ruling that he had 'considered argument of counsel and testimony of witnesses' in Mr. Foster's case. In my opinion Judge Vann should be voted off the bench by the citizens of Bay County FL.

Special Thanks to one of the Greatest Gladiators
in the area of DUI Defense Robert Harrison, Esq.

Intoxilyzer Source Code Pleadings and Orders
1st Round of Sarasota Intoxilyzer 5000 Source Code Proceedings (State v. Bjorkland)
 

•Motion for Supplemental Discovery (Blank Form)

•Expert Witness List

•State's Motion to Strike

•Order Denying Motion to Strike

•States Notice of Supplemental Authority

•Defendants' Response to State's Supplemental Authority

•State's Second Notice of Supplemental Authority

•Order Compelling Production of Source Code

•State's Request for Response Hearing

•Order on State's Request

•State's Notice of Inability to Comply with Order (Letter from CMI stating they will not produce source code is attached)

•Motion for Sanctions

•State's Petition for Writ of Certiorari (12-02-05)

•Motion to Dismiss Petition for Writ of Certiorari (12-06-05)

•Order Granting Motion to Dismiss and Order Dismissing Petition for Writ of Certiorari (12-08-05)

 •Order on Motion for Sanctions

•Petition for Writ of Certiorari to 2nd DCA (This is for review of the Dismissal of the Circuit Court Petition for Certiorari, not of the Order for Sanctions)

•Notice of Appeal (This is for review of the Order for Sanctions; the State voluntarily dismissed this appeal)

•Order from the 2nd DCA

•Final Decision from the 2nd DCA (Affirming the Dismissal of the Petition for Writ of Certiorari)

2nd Round of Sarasota County Intoxilyzer 5000 Source Code Proceedings (State v. Irish)

The presentation for the Sarasota County Case of State v. Irish was made jointly with the Manatee County Case of State v. Almaraz. The Honorable David Denkin presided over the Irish cases and the Honorable Douglas Henderson presided over the Almaraz cases. The two judges consulted each other prior to ruling, but for jurisdictional reasons, each judge had to issue a separate order for their respective jurisdictions. The rulings in both cases were identical and were consolidated at the District Court of Appeal.

•Order Compelling Production of the Source Code

•Kentucky Order Quashing Florida Subpoena

•Relinquishment of Jurisdiction by District Court of Appeal

•State's Motion to Reconsider Prior Ruling

•Defendant's Motion for Reconsideration

•Order on State's and Defendant's Motion for Rehearing

•District Court of Appeal Dismissal of Irish / Almaraz Appeals

•Order to Show Cause to hold CMI in Contempt

State v. Almaraz

•Order Compelling Production of the Source Code

•Relinquishment of Jurisdiction by District Court of Appeal

•Defendant's Motion for Reconsideration

•Order on State's and Defendant's Motion for Rehearing

•District Court of Appeal Dismissal of Irish / Almaraz Appeals

•Order to Show Cause to hold CMI in Contempt

•Order denying finding of Contempt

•Order Authorizing subpoena for the Source Code

•Subpoena for Intoxilyzer Source Code

•Protective Order for Disclosure of Source Code

CMI's Appeal to the Circuit Court

•CMI's Petition for Writ of Certiorari

•Order Denying CMI's Petition for Certiorari

CMI's Appeal to the District Court of Appeal

•Petition for Writ of Certiorari

•Response to Petition

Intoxilyzer 8000 Source Code Proceedings - Judge Kimberly Bonner

•Motion in Limine

•Order allowing subpoena for Source Code

•Order Approving Subpoena

•Motion for Order to Show Cause

•Order to Show Cause

•Order of Civil Contempt

•Corrected Order of Contempt

CMI's Appeal to the Circuit Court

•CMI's Notice of Appeal

•Order Staying Fine if CMI posts Bond

•Appellate Order Eliminating the Posting of a Bond

•CMI's Initial Brief

•Answer Brief

•CMI's Reply Brief

•Notice of Supplemental Authority (Allstate Proceedings)

•Motion to Strike

•Notice of Supplemental Authority (House v. Kentucky)

•Appellate Decision Affirming Contempt against CMI

CMI's Appeal to the District Court of Appeal

•CMI's Petition for Writ of Certiorari to 2nd DCA (to review decision affirming Contempt against CMI)

•DCA Order requiring response to CMI Petition

•Response

•CMI's Reply Brief

•District Court Order - Per Curiam Denied

•Motion for Clarification

Intoxilyzer 8000 Source Code Proceedings - Judge David Denkin

•Motion for Issuance of Subpoena

•Order Granting Subpoena for Source Code

•CMI's Motion for Protective Order

•Protective Order for Disclosure of Source Code

•CMI Affidavit

•Amended Protective Order

CMI's Appeal to the Circuit Court

•CMI's Petition for Writ of Certiorari

•CMI's Amended Petition for Writ of Certiorari

•Order Denying Petition for Certiorari

CMI's Appeal to the District Court of Appeal

•CMI's Petition for Writ of Certiorari

•Motion to Dismiss

•Order to Show Cause why Petition should not be dismissed

•CMI's response to Order to Show Cause

•Dismissal of Petition for being untimely

Intoxilyzer 8000 Source Code Proceedings - Judge Phyllis Galen

•Motion for Issuance of Subpoena

•Order Allowing Subpoena for Source code

•Order to Show Cause against CMI for not producing source code

•Order of Civil Contempt

•Order Denying Stay of Fine

•Appellate Order Denying Motion for Review of Motion for Stay of Fine

Forfa v. State - proceedings to obtain a Writ of Mandamus to require the issuance of a discovery subpoena duces tecum for the Intoxilyzer Source Code in Charlotte County, Florida

•Petition for Writ to the Second District Court of Appeal

•Appendix A to Petition

•Appendix B to Petition

•District Court Order Requiring Response to Petition

•State of Florida's Response to Petition

•Denial of Petition

King v. State - proceedings to obtain a Writ of Mandamus to require the enforcement of a trial subpoena duces tecum for the Intoxilyzer Source Code in Charlotte County, Florida

•Petition for Writ of Certiorari

•State of Florida's Response

•Reply Brief

Miscellaneous Pleadings

•Order Approving Source Code Subpoena - Okeechobee County

ORDERS

Once Again the GREAT Robert Harrison is VICTORIOUS...!!!
Writ of Cert. for CMI, Inc..... DENIED

Pull The Plug Ruling
Backman Opinion / Seidman Order


Source Code Disclosure Order
Stuart Hyman, Esq. of Orlando FL was successful.... again. Here's the ruling for:

Order To Disclose Software
from The Ninth Judicial Circuit in and for Osceola County, Florida (Divisions 70, 71, 80 En Banc)

Kerry Mack, Esq. of Englewood, FL and Robert Harrison, Esq. of Venice FLwere successful in arguing for the production of "Any and All Information" from CMI, Inc. regarding the uploading problems that theVenice PD had uploading data from Intoxilyzer 80-001723 to the FDLE/ATP mother computer in Tallahassee FL." The Honorable Judge Kimberly C. Bonner of the12th Judicial Circuit of Florida issued the following order:
Click Here to read pg 8 of the: COMTEMPT ORDER in which the 12th Circuit has imposed a $5,000.00 a day fine against CMI, Inc. until it complies with the Subpoena Duces Tecum.

(Funny thing, Pinellas County Sheriff Office tried using that same lame excuse about
"uploading problems" with Intoxilyzer 80-000888. During the recent DUI trial on May 21-22, 2009, PCSO Agency Inspector Cheryl Peacock tried to use this same lame "excuse" to cover up why PCSO had 52 Log-Ins from 09/08/2007 through 12-19-2007 of which 43 of those Log-Ins were"unaccounted" for.) This is another classic example of how the SAO uses their SOP to try and manipulate that gray area.)

RECENT

Carlos Canet, Esq. of Ft. Lauderdale banged his sword on his shield and rattled the walls of the DUI arena in Broward County. Mr. Canet was successful in arguing a MOTION TO SUPPRESS breath tests results in Broward County. To read the Honorable Judge Lee Jay Seidman's County Court Order from the 17th Judicial Circuit click here

Stuart Hyman, Esq. of Orlando, Florida was successful in arguing for the production of the Source Codes from the State.

Click Here to read the Order from the Courts in Orlando Florida for Production of the Source Codes.

RULINGS BY THE COURTS

Pull The Plug Ruling
Backman Opinion / Seidman Order
 

 

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