L.A. Law (TV Series)
Steal It Again, Sam (1992)
Keith Mills: Judge Walter Green
Quotes
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Victor Sifuentes : Sergeant Faraday, did you administer a breathalyzer test to William Boyd at Rampart division station on February 20th...
Lawyer Felix Echeverria : Your Honor, I move to suppress this testimony.
Victor Sifuentes : What? On what grounds?
Lawyer Felix Echeverria : Test is invalid.
Victor Sifuentes : That is ridiculous.
Judge Walter Green : My chambers, counsel. Now.
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Victor Sifuentes : So what are you trying to pull here, Felix?
Lawyer Felix Echeverria : I want the breathalyzer results excluded.
Victor Sifuentes : Opposed. His client blew a BAC of .19. That is over twice the legal limit.
Lawyer Felix Echeverria : The records at Rampart show that 161 previous tests were performed on the machine used to test my client. Now state law requires that machines be checked and recalibrated after 150 tests.
Victor Sifuentes : So what? That is a minor technicality. It goes to weight of evidence, not admissibility.
Lawyer Felix Echeverria : I'm not finished. The machine at Rampart is a computerized breathalyzer. And computerized machines have not been approved by the Department of Transportation as accurate.
Victor Sifuentes : So let him challenge with expert testimony, but the test result should not be excluded.
Judge Walter Green : Mr. Sifuentes, can you prove that machine was accurate?
Victor Sifuentes : Of course not, there's no way that I could prove that.
Judge Walter Green : Then I have to agree with Mr. Echeverria.
Victor Sifuentes : Wait a minute. Your Honor, you can't do this. You are excluding the proof that he was drunk.
Judge Walter Green : Look, as far as I'm concerned, if that machine had never been approved or certified accurate, then it's not a minor point. Motion granted, the jury will hear no testimony concerning the defendant's blood alcohol content.
Victor Sifuentes : Well, then I move for a stay to appeal.
Judge Walter Green : Denied.
Victor Sifuentes : Damn it, Judge! This cripples my case! You have to reconsider.
Judge Walter Green : You get yourself under control, Mr. Sifuentes. I have made my ruling. This discussion is over.
[Done. Mr. Sifuentes exits the chambers. Mr. Echeverria will approve it with Judge Green]