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Department of Highway Safety and Motor Vehicles v. Dehart10/5/2001
t does not abrogate the right of the person tested to subpoena the person who administered the test for examination as an adverse witness at a civil or criminal trial or other proceeding.
The breath test result affidavit which was submitted in this case, when combined with the agency inspection report, shows that DHSMV and the local agency substantially complied with the applicable statutes and rules relating to the inspection and maintenance of the intoxilyzer used for Dehart's breath test. The breath test result affidavit shows that the last agency inspection of the intoxilyzer was conducted one day before Dehart's arrest. The agency inspection report for the intoxilyzer used in connection with Dehart's arrest indicates that the intoxilyzer complied with the agency inspection standards and that the agency inspector performed required maintenance on the intoxilyzer one day prior to Dehart's arrest. This proof was sufficient. See Dep't of Highway Safety and Motor Vehicles v. Russell, 26 Fla. L. Weekly D1893 (Fla. 5th DCA Aug. 3, 2001); Dep't of Highway Safety and Motor Vehicles v. Cochran, 26 Fla. L. Weekly D1953 (Fla. 5th DCA Aug.10, 2001); see also Dep't of Highway Safety and Motor Vehicles v. Nikollaj, 780 So. 2d 943 (Fla. 5th DCA 2001) (holding that where driver received adequate notice of the reason for his license suspension, circuit court misapplied the law by elevating form over substance in quashing license suspension).
Our ruling is consistent with State v. Irizarry, 698 So. 2d 912 (Fla. 4th DCA 1997), wherein the Fourth District held that a breath test result affidavit prepared for use in accordance with section 316.1934(5) of the Florida Statutes (1999) is admissible in evidence without further proof of proper maintenance. The court found that Form14, which is the standard form used in preparing a breath test result affidavit, complied with section 316.1934(5) of the Florida Statutes (1999) which allows an affidavit to be admitted without further authentication if the affidavit discloses the enumerated information contained in the statute.
Petition GRANTED, Order QUASHED, and Suspension REINSTATED.
THOMPSON, C.J., and GRIFFIN, J., concur.
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