by John on September 19, 2011
Defense Attorney: John Scott Webb, Esq.
Offense: Operating Under the Influence (OUI, DUI, DWI)
Maximum Sentence: 364 days in jail (minimum 90 day license suspension, $500.00 fine)
Client was driving intoxicated friend home when he came upon an accident scene. He drove slowly out and around the accident scene but never stopped. While attempting to find the intoxicated passenger’s home, he drove by the accident scene again attracting the attention of law enforcement. The driver of the vehicle of the accident had fled the scene. The officers investigating the accident decided that given the remote location of the accident, the time of night, and the fact that client had driven by the scene twice he may either be involved or hiding the driver involved in the accident. Client was subsequently stopped, asked from the vehicle, given field sobriety tests and arrested for OUI. At the station, he was given a breath test with a result of .10 BAC. After receiving the police reports and Intoxilyzer results from the Government it became clear that the officer administrating the breath test had not followed the proper protocol in the execution of the breath test, thus rendering the breath test unreliable. The discovery material also revealed that the client performed very well on the standardized field sobriety tests. At the administrative license suspension hearing, testimony was taken from the arresting officer with respect to the breath test protocol and a thorough cross examination was performed by defense counsel. At that hearing, following testimony and closing arguments, the client’s petition to have the suspension rescinded was granted. In court, the transcript of the hearing was given to the Assistant District Attorney prosecuting the case and motion to suppress scheduled for hearing.
Resolution:The case was dismissed as a result of the Breath Test Protocol Violation and exceptional performance of field sobriety tests.