Jenkins v. State

We have before us two consolidated cases involving the admissibility of breath test results in “Driving While Intoxicated” cases. The trial court heard a consolidated motion to suppress the breath test results for a number of similarly situated defendants including Scott Jenkins (petitioner) and James Howard (appellant).1 The crux of the motion to suppress involved the validity of the source of an alcohol testing solution used by the Florida Department of Law Enforcement (FDLE) to test the accuracy of breath testing machines (commonly referred to as “breathalyzers”), and the FDLE’s creation…