DUI 1st Offender kicked Out Of Court Ordered Program For False Positive Breath Test

Orlando Criminal Defense Attorney Jeff Lotter Explains how a Honey Bun caused his client to blow over the threshold on a breath test. I have an interlock and I have a honey bun. In the video we are going to put this theory to the test! But first I’ve got to bring you up to speed. Here’s the facts – it’s early in the morning, you are awoken by a knock – as you wake up you realize you’re really drunk and you are in a bad situation! Hispanic male, married, two kids – making 80k a year. The DUI was his first arrest. On the surface it seems like an easy case, it always does. My client had some drinks was driving home, the next thing he remembers is waking up to a cop knocking on his window. Two days after the DUI arrest my client lost his 80k a year job. We were able to get the client in to Pre-Trial Diversion- (Watch Episode 1) One of the last requirements that he had to complete before being done with PTD was to have the interlock device installed on his car for six months. The interlock device is a breath test that they put into your car. The machine hooks up to you ignition and if you blow over it won’t allow your car to start. To start your car you have to blow and then randomly while you’re driving the machine makes you blow. The interlock device said my client had too much to drink. My client says all he had was a honey bun. Are you ready for the “Honey Bunn Defense”. The Night he got kicked out of PTD he was at work. Recall, because he lost his management job, he was working -third shift at a local factory. He got to work at 1800, was released for lunch around 2300, drove 5 minutes up the road to the gas station to get some food. While driving there he blew .000 passed with flying colors. He gets to the gas station, turns off the car goes into the gas station and purchases a honey bun. He gets back into his car- blows into the interlock to start the car, and drives back to work- no problems. While driving he’s eating his honey bun - the interlock device beeps prompting him to provide a sample, he blows and it shows failure. It requests he blow again and it shows failure - .04 Brac. Back to back failures the interlock triggers the car’s alarm, the horn, and flashes the high beams as he’s driving back to work. He gets back to work - turns the car off and goes back into work. Then starts back up at 5am when his shift is done and it’s time to drive home. The probation officer tells my client - .04 is a really high blow. Really? It’s half the legal limit. The officer in charge of my guy who’s on DUI probation doesn’t know the difference between a .04 (not drunk) and a .4 - Almost Dead drunk. I tried to explain the situation to the prosecution. They wouldn’t listen. After fighting to get him overcoming the odds and getting into diversion – he’s now kicked out and the State is not offering him any sort of deal. Plea to the DUI or take the case to trial. I tried multiple times to get them to recognize the flaws in the machine and to show that the .04 during lunch break isn’t likely. Give the guy a break at least reduce the charge to Reckless Driving – First offense DUI he’s sleeping in the car. You were going to completely dismiss the case. They won’t Budge – Let’s try to recreate the honey bun blow. The case is formally kicked out of Diversion Disclaimer: This video is intended as educational information only. Laws change and different jurisdictions recognize and interpret the laws differently. Further, legal advice is provided based upon the specifics of a particular case. Your case has unique facts that require individualized analysis. Law Office of Jeff Lotter, PLLC 200 E Robinson Street #1140 Orlando, FL 32801 407-500-7000 www.lotterlaw.com