Broward judge rules Breathalyzer results invalid in bellwether DUI case

FORT LAUDERDALE - Because a state inspector was fired for monkeying with breath-testing machines, a Broward County judge ruled Friday that results from one of the devices cannot be used as evidence in a drunk-driving case before him.

Defense attorneys say County Judge Lee Jay Seidman's ruling is a bellwether that will likely be followed in an estimated 500 to 1,000 other pending DUI cases in Broward County. That could mean reduced charges, and possible acquittals, in many instances.

Concerned that drivers who drink too much might not be held to account, and that more road accidents, injuries and deaths will result, the Broward State Attorney's Office said it would appeal Seidman's ruling.

The breath-machine fiasco came to light with the Florida Department of Law Enforcement's firing of Sandra Veiga last October.

While local law-enforcement agencies perform their own monthly inspections of the devices, FDLE is responsible for conducting annual inspections to certify their accuracy.

For about two years, Veiga was the FDLE employee in charge of annual inspections for all Broward County breath-testing machines. She also tested machines for Miami-Dade and Monroe counties.

She admitted that she turned off power to machines that looked like they were going to fail inspection. A failure could have indicated a malfunction.

Veiga's actions, defense attorneys say, cast grave doubt on the machines' reliability -- and mean any reading they gave indicating a driver had consumed too much alcohol --- is worthless as evidence.

At a Tuesday hearing before Seidman, defense attorney Carlos Canet led the charge to throw out breath-alcohol tests performed on drivers in Broward County during Veiga's tenure with FDLE. He acted on behalf of his client, Richard Medina, and 32 other attorneys representing more than 150 clients facing prosecution for drunk driving.

In Seidman's ruling, the judge ruled that the integrity of the machines under Veiga's care and control had been "fatally compromised" and "evidence gathered under such troubling circumstances" could not be presented to a jury.

Ron Ishoy, spokesman for the Broward State Attorney's Office, said the machines are "extremely accurate," have never been proven to be otherwise, and that the office would file an appeal.

"The ultimate effect could be that numerous impaired drivers may not be held accountable for their actions and end up killing or hurting innocent people," Ishoy said.

He said prosecutors could not approximate how many cases could be affected, adding that some of the prosecutions could be pursued with evidence other than breath-testing results, such as testimony from police and video of field-sobriety tests.

FDLE spokeswoman Heather Smith said the agency takes its responsibility to conduct and document inspections of the breath-testing machines "very seriously."

"We are confident that no breath tests used in DUI cases in Broward County were affected by the actions of Ms. Veiga," Smith said. "All of the Breathalyzers in Ms. Veiga's coverage area were independently tested and verified to be functioning correctly."

Mindy Solomon, the chief assistant in charge of county court for the Broward Public Defender's Office, said her office has 45 clients whose cases could be dismissed. Seven of those cases are pending before Seidman.

Seidman's ruling will apply to similar DUI cases pending before him, Solomon said.

"Now every other judge has to rule," she said.

County Judge Kathleen Ireland is expected to be the next judge to weigh in on the controversy Aug. 28.