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Judge Says Jim Leyritz's Breathalyzer Failed

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Judge Says Jim Leyritz's Breathalyzer Failed

FORT LAUDERDALE (CBS4) ― Friday a Broward County judge agreed that an alcohol monitoring device in the car of former Yankee Jim Leyritz malfunctioned earlier this week; the device showed Leyritz had alcohol in his system even though he did not.

Leyritz's attorney spoke with the judge following the test that his client  failed this week. That incident reportedly led to his mother in New Jersey calling local police in Broward for help on Wednesday, telling them that her son was acting strange.

J. David Bogenschutz spoke with the judge about the case Friday. Leyritz, who is facing trial on DUI manslaughter charges, told police he had not been drinking Wednesday night. Officers also noted in the report that there was no evidence of alcohol or drug use.

Leyritz was taken to a Florida hospital after failing the test. He told police he was "under a lot of stress" because of his legal problems.

A court has ordered a Breathalyzer device for Leyritz's car to monitor him for alcohol when he's behind the wheel. He must blow in it to start the car, and periodically while driving.

(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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