Fla. justices hears breath testing machine case

Published February 5, 2013 9:17pm ET



TALLAHASSEE, Fla. (AP) — State Supreme Court justices were in a quandary during oral argument Tuesday on a request from three defendants for access to software that runs the only breath testing machines certified for use in Florida.

The defendants, all charged with drunken driving, believe the software can help them prove the machines are inaccurate. A lawyer for the devices’ Kentucky-based manufacturer, though, argued Florida cannot force an out-of-state company to provide that data.

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