Driver fails to yield and blows by officer conducting a traffic accident investigation at a very high rate of speed. While passing the officer, driver nearly loses control and narrowly avoids a collision with the officer’s parked vehicle. He continues to weave in and out of traffic, forcing officer to abandon his accident investigation and stop our client. When asked, driver is unable to produce his driver’s license, registration, or insurance documents because he left them at home. Officer detects a strong odor of alcohol emanating from the driver, slurred speech and watery, bloodshot eyes. Driver also fails roadside sobriety tests when he cannot walk a straight line, cannot maintain his balance, and cannot follow simple instructions. Administered breath tests produce results of .100 and .098.
RESULT: Our attorney orally argued four motions, but her “smoking gun” was a motion to invalidate the suspension based on the 20 minute observation period. This is the period of time the breath technician is supposed to observe those arrested for DUI prior to administering the breathalyzer tests. First, she established from the breath technician, on the record, that when he is administering a breath test, his undivided attention and focus is on that person to whom he is administering the test, as is required by law. Diligent in her research, the attorney then produced, and submitted into evidence, a breath test result that the same breath technician conducted ON SOMEONE ELSE, AT THE SAME TIME AS, AND DURING, the 20 minute observation period of our client. Therefore, our attorney was able to prove that this breath technician DID NOT give our client his undivided attention, and that he WAS NOT, in fact, administering a 20 minute observation of our client at the time he claims — he was administering one to someone else! Once the 20 minute observation period was proven invalid, the Hearing Officer had no choice but to LIFT THE SUSPENSION and FULLY REINSTATE OUR CLIENT’S CDL DRIVER’S LICENSE!