However, the judges said they sided with testimony they heard earlier this summer from the Florida Department of Law Enforcement employee who oversees the testing and with conclusions drawn from recent rulings in similar cases.
They concluded the Intoxilyzer approved by FDLE is the same version approved by the federal government based on information that there is only one model made and sold in the United States, among other things.
Prosecutors provided testimony that the machine manufacturer uses general references to machine parts in its sales and marketing literature, said Michael Bialys, Los Angeles DUI lawyer.
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