The Associated Press has reported than thousands of DUI cases in Arizona could be dismissed if the Intoxilyzer 8000 manufactured by CMI, Inc. which also manufactures the Intoxilyzer 5000 in Georgia is found to be error prone.
About a decade ago approximately 5,000 DUI cases were dismissed after Arizona prosecuting authorities agreed the alcohol breath-testing device, the RBT IV, manufactured by Intoximeters Inc., was not accurate.
Tucson, Arizona police made approximately 6000 DUI arrests in the past two years which were primarily based on the test results fo the Intoxilyzer 8000.
Pima County, Arizona, Superior Court Judge Deborah Bernini gave CMI Inc. until Monday to turn over the computer source code in an electronic form to be reviewed by Defendants' attorneys and their experts. CMI has refused to release the computer source code flaunting court orders across the country. DUI Defense attorneys have long alleged the Intoxilyzer is not accurate enough to be the basis for criminal convictions.
More and more DUI cases are being thrown out in local Arizona courts because of CMI's curious resistance to disclose the computer source code of the Intoxilyzer. By disobeying court orders, the CMI, Inc. the manufacturer of the Intoxilyzer has earned over $1 million in fines from Florida Courts according the Associated Press.
CMI claims it will reveal the code, on paper, if all recipients signs a nondisclosure agreement. Arizona Defense attorneys have refused to do so.
To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is a law firm representing those charged with DUI or driving under the influence of alcohol or drugs. We have been representing DUI Defendants for ten years in the City of Atlanta, Acworth, Alpharetta, Athens, Austell, Avondale Estates, Ball Ground, Barnesville, Big Canoe, Calhoun, Canton, Carnesville, Carrollton, Cedartown, Chatsworth, Chattahooche Hills, Clarkston, College Park, Commerce, Conyers, Covington, Dahlonega, Dallas, Decatur, Doraville, Douglasville, Duluth, Dunwoody, East Point, Fairburn, Forest Park, Forsyth, Fort McPherson, Fort Gillem, Gainesville, Grayson, Griffin, Hampton, Hapeville, Helen, Holly Springs, Johns Creek, Jonesboro, Kennesaw, LaGrange, Lake City, Lawrenceville, Locust Grove, Loganville, Lovejoy, Marietta, McDonough, Morrow, Newnan, Norcross, Palmetto, Peachtree City, Powder Springs, Roswell, Sandy Springs, Senoia, Smyrna, Stockbridge, Stone Mountain, Suwanee, Thomaston, Tucker, Union City, Villa Rica, Winder, Woodstock, and Zebulon and their surrounding counties including Fulton, Clayton, DeKalb, Henry, Fayette, Rockdale, Gwinnett, Cherokee, Forsyth, Coweta, Cobb, Douglas and Spalding. We also represent Defendants upon request outside of the Atlanta area throughout the State of Georgia.
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