News & Wins

Firm Founder Carl Ward Saves Driver’s License after .196 BAC. 

By Denise L. Childress

23 year old welder stopped for speeding. Deputy reports moderate odor of intoxicants, watery, glassy, bloodshot, staring eyes, slurred and mumbled speech, admission to drinking four or five beers, failure of horizontal gaze nystagmus, walk and turn, and one leg stand tests. Client arrested and taken to the Sheriff’s Department for a breath test, which produced a result of .196. 

RESULT: Administrative alcohol revocation was set aside because DOR evidence failed to comply with breath testing rules. Driving privileges were restored.

How Did We Do It? By cross-examining the breath test officer during the administrative hearing, Mr. Ward was able to get him to admit that he did not check his client’s mouth prior to administering the breath test, even though he had marked the breath test checklist to indicate that he had done so. Mr. Ward then objected to the admission of the breath test results, his objection was sustained, and the breath test was excluded. One again, in nearly every case, our firm will subpoena one or more police officers to appear at the administrative hearing. Had we not done so here, the license revocation would have been upheld based on the officer’s (untrue) arrest report.

NOTE: The choice of a lawyer is an important decision and should not be based solely on advertisements. Past results afford no guarantee of future results. Every case must be judged on its own merits.