A Collier County judge Thursday [Dec. 1] rejected a request to find the state’s DUI law unconstitutional. Naples defense attorney Donald Day argued that the law should be thrown out because state law doesn’t entitle DUI defendants and their lawyers access to information on how breath-test machines work. However, Collier County Judge Vince Murphy found that the information on how the Intoxilyzer 8000 breath-test machine works can be provided by court order from the manufacturer, CMI Inc., based in Kentucky. Murphy denied Day’s motion without prejudice, meaning that he may refile his request if the breath-test machine information is not forthcoming.
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