News & Wins

License Saved after Accident and .216 BAC test 

By: Denise L. Childress

Laborer observed pulling his pickup truck out of a parking space and backing into the front of vehicle parked behind him. Officer reports strong odor of intoxicants, watery, bloodshot and staring eyes, slurred, mumbled and incoherent speech, swaying and staggering during questioning at arrest scene, failure of all three sobriety tests, and BrAC of .216.

RESULT: Admin alcohol suspension set aside.

How did we do it? Once again, Mr. Ward subpoenaed the breath test operator to appear at the administrative hearing, where he established through cross-examination that the officer did not inspect his client’s mouth for foreign objects, and did not ask his client if he had anything in his mouth prior to administering the breath test. Mr. Ward then objected to the admission of the breath test result and his objection was sustained. The officer’s report indicated on the checklist, incorrectly, that he did inspect the client’s mouth. Therefore, had he not subpoenaed and questioned the officer, the test result would have been admitted and the license suspension would have been sustained.

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