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Department of Highway Safety and Motor Vehicles v. Mowry7/20/2001
, pursuant to section 322.2615(6)(b), subpoenaed the breath test technician and Intoxilyzer documents. She chose not to do so, however. Without a showing of noncompliance of the regulations by Mowry, her allegations are nothing more than "speculative and theoretical." State v. Friedrich, 681 So. 2d 1157, 1163 (Fla. 5th DCA 1996), rev. denied, 690 So. 2d 1299 (Fla. 1997). Under the circumstances of the instant case, it would require considerable speculation to conclude that Mowry was not intoxicated and that the test results were false given the record evidence of her breath tests of .143 and .137, both of which were well above the statutory minimum of .08.
We grant the petition and quash the order rendered by the circuit court.
CERTIORARI GRANTED.
HARRIS and PLEUS, JJ., concur.
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