WINS  FROM  MOTIONS AND APPEALS

The following orders and opinions were from major legal projects initiated by Mr. Canet that resulted in favorable rulings for his clients.  In some cases Mr. Canet drew the attention of the media because the results had far reaching effects.  Meaning that hundreds, if not thousands of prosecutions were affected.

25) STATE V. JOHN CUBIC, 946 So.2d 606, (Fla. 4th DCA 2007)

This was the opinion of the Fourth District Court of Appeal upholding Judge Kaplan’s order granting the motion to suppress breath test results.  Mr Canet spearheaded and argued this issue on behalf of dozens of his clients.  The issue arose because Mr. Canet had discovered that local law enforcement agencies were using tap water instead of distilled or deionized water to check the calibration of the Intoxilyzer 5000.  Several County Court judges granted the motion excluding hundreds of results.  However, only one case went up on appeal to the Fourth District and that decision was in favor of the defendants.

24) November 10th, 2005 | 02-018902MM10A | Robinson

In this case Mr. Canet argued that the breath test results should be excluded due to the physical configuration of the BSO BAT facility.  Mr. Canet had discovered that because test subjects were being detained in a holding cell covered by a wire mesh law enforcement could not complete a valid 20 minute observation.  The actual wire mesh that was used on the holding cell was introduced into evidence.  The judge took the opportunity to examine the mesh and concluded that the observation period could not be done with test subjects in the holding cell and granted the motion.

In all of the following cases the motion to suppress breath test results was granted due to law enforcement using tap water instead of distilled water to check the calibration of the Intoxilyzer.

23) September 7th, 2005 | 04-3080MM10A | Robinson

22) September 7th, 2005 | 04-00775MM10A | Robinson

21) September 7th, 2005 | 03-001264MM10A | Robinson

20) September 7th, 2005 | 02-29132MM10A | Robinson

19) November 18th, 2005 | 04-14362MM10A | Diaz

18) October 17th, 2005 | 03-004285MM10A | Diaz

17) August 24th, 2005 | 03-10456MM10A | Diaz