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Lawsuit Questions If DUI Tests Conducted Correctly

POSTED: 7:48 pm EST December 28, 2005
UPDATED: 7:58 pm EST December 28, 2005

Holiday weeks usually bring law enforcement agencies out in full force to catch suspected drunk drivers, and anyone arrested for driving under the influence has to undergo a series of sobriety tests. But, in one town, there are new questions about whether the tests are being done correctly.

Last year, Coral Springs police arrested 43 people suspected of drunken driving. The defense attorney for one of those drivers now claims police did not follow their own rules when they subjected his client to sobriety tests.

Attorney Michael Mermer wants evidence against his client thrown out because he claims the tests she took were incorrectly done by Coral Springs police.

"The rules state that when you open (the device involved in the test) up, change solutions, close it, you have to wait 10 minutes," Mermer said.

Mermer claims police only waited four minutes, and then just two minutes between other tests.

"We're not alleging this was an intentional act, but intentional or otherwise, it's a clear violation of the rules," Mermer said.

Mermer said his client did not hurt herself or anyone else, nor did she damage any property. He said she just made a left turn when a sign said "right turn only."

Mermer believes this case will not impact just the test results of the one client, but also those of other suspected drunk drivers arrested and tested by Coral Springs police in the past three years.

Coral Springs police stand firmly behind their test results and methods.

"It's under a motion to suppress. Until the judge makes a ruling, we can't comment. When the judge makes a decision, we'll review. Otherwise, we'll continue on," said Capt. Jeff Maslan, of the Coral Springs police.

This specific test case will not be heard or decided in court until March. In the meantime, Coral Springs police said they have no plans to change their policies or stop their operations.

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