DWI Case 2
Robert R. was charged with a second offense of driving while intoxicated and aggravated DWI. He was stopped for going the wrong way up a one-way street. The officer ordered my client out of the car and had him perform two field sobriety tests. After the tests were completed, Robert R. was arrested and subsequently submitted to a breath test. The results indicated he had a Blood to Breath Alcohol level of a .23–almost three times the legal limit of .08.
At the DMV hearing, I was able to exclude the Breath Test because the Certification for the Intoxilyzer was not properly filled out. The DMV dismissed the State's petition to revoke his license for two years.
At trial in the District Court, I attacked the field sobriety tests as not accurately portraying my client's sobriety. The client had a large laceration on his foot and his balance was affected by his injury. I also attacked the police for failing to administer a complete battery of tests to rule out other possible causes for his performance. Additionally, I was able to exclude the breath result; again, the State was unable to establish that the .23 result was accurate when the certification records reflected an error.
Cases taken from DWI Attorney Russman's website
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