Fla. justices hearing breath testing machine case

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TALLAHASSEE, Fla. (AP) - The Florida Supreme Court is hearing a request from three drunken driving defendants for access to software for breath testing machines.

They believe an analysis of the software would show the machines are inaccurate. The justices are hearing oral argument Tuesday in the appeal that originated from Seminole County. It could, though, affect similar cases across Florida.

The defendants are appealing a ruling by the Daytona Beach-based 5th District Court of Appeal. It quashed a trial judge's order requiring a Kentucky-based manufacturer to turn over software for the Intoxilyzer 8000.

The machine made by CMI Inc. was the only breath tester certified in Florida when the defendants were arrested. The 5th District's decision conflicts with two other appellate rulings.

Prosecutors responded in those cases by dropping the charges.

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