DUI cases fought and dropped in Sarasota County due to the lack of cooperation

[Bat Wallen]

I live in Manatee County and have had 3 alcohol related arrests in a 2 year period. (first one dropped to reckless, second one with property damage, and last one violation of probation, etc). I understand there have been some DUI cases fought and dropped in Sarasota County due to the lack of cooperation from the manufacture of the breathalyzer machine not made available to the defense. My question is this, since my 3rd conviction fell into the time frame that defense argued the machine was not adequately inspected and maintained is it possible that my last conviction can be thrown out of the court? is there a time for which I can file such an appeal? and how do I do this? last conviction was 2004. please advise.

[Unregistered]

re: DUI cases fought and dropped in Sarasota County due to the lack of cooperation

You are likely past the appeal deadline unfortunately. You would have to file some other motion or writ arguing fundamental error, fraud etc.