A man was arrested for drinking and driving after he was pulled over for faulty equipment lights. One of the four lights illuminating the license plate in his vehicle was out. The officer noticed intoxication, asked the man to step out of his vehicle, and performed the three standard field sobriety tests. The man complied, noting that he was driving home from a wedding party. The results from the field sobriety tests were marginal. Following DWI laws, the officer then requested the man to use a breathalyzer to prove he had been drinking and driving. The man blew .10.

Upon investigation, DWI Attorney Russman discovered that the breathalyzer test tubes were inaccurately labeled. Under NH DWI laws, every individual charged with a DWI is also allowed to have a second test performed to compare with the results of the first test. Because the first test was unusable, the defendant was unable to get the second test. In addition, Russman proved that the rainy and windy conditions of that evening made it difficult to drive. Attorney Russman was able to get the case results thrown out with a not-guilty charge.