Expert Witness: Matthew E. Malhiot
Witness Summary: Matthew E. Malhiot is the sole proprietor of Forensic Alcohol Consulting & Training, LLC based in Canton, Georgia. Mr. Malhiot is a former Department Inspector with the Alcohol Testing Program of the Florida Department of Law Enforcement. He has extensive training and experience operating, maintaining, calibrating and repairing the Intoxilyzer 8000 breath test instrument. Although there were times after leaving FDLE where Mr. Malhiot continued to testify for the State in those cases where he was listed as the Department Inspector in various cases, since leaving FDLE to become a private consultant he, almost always if not exclusively, testifies for the defense. Malhiot’s position as a Department Inspector gives him a unique perspective with regards to various issues that (he helped) the defense challenge in court. As a Department Inspector Mr. Malhiot regularly testified regarding the accuracy and reliability of the Intoxilyzer 8000. Since his departure from FDLE, Malhiot routinely testifies regarding the lack of sufficiency of the rules governing breath testing, something he claims was always present while he was with FDLE, but apparently never raised his concerns. Malhiot’s case-review reports usually contain the same issues complained of: without a video of the SFSTs it is unknown whether the officer followed proper procedures in administering the exercises, the “validation” clause in the SFST manuals, no hand held breath test administered (even though he knows it’s not allowed in Florida), referring to display messages as “error” messages, and listing “issues” with inspections or breath tests that are not instrument accuracy or reliability related. As a Department Inspector some of Malhiot’s training lectures have been videotaped, allowing for excellent cross-examination impeachment use.