Florida Prosecuting Attorney Faces Disciplinary Action Over Intoxilyzer Code Cases

Litigation regarding defense requests for the source code for the Intoxilyzer 5000 stalled hundreds of Florida DUI cases last year, but the complications stemming from that case aren’t over–at least for one lawyer in the state’s attorney’s office. Don Hartery was misdemeanor chief for Manatee last year when he reportedly sent a letter to Judge Mark Singer attempting to influence the judge to hold a hearing that might benefit the state’s position.

Attorneys and parties involved in pending cases are not allowed to communicate with the judge about the case except under specific circumstances: in court, in written documents also provided to opposing counsel, or in conferences where both sides are present.

The Florida Bar has referred an ethics complaint to the state Supreme Court.

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