Our Client was pulled over for failing to maintain a single lane and allegedly drove up over the curb when making a turn. She allegedly had droopy, watery eyes and an odor of an alcoholic beverage. She participated in the field sobriety exercises, where she performed poorly. She took the breath test with results of .221 and .223, nearly three times the legal limit. Our client was then arrested and charged with DUI.
RESULT: A problem with the breath test sparked the interest of the attorney on the case, where further research was conducted. A letter was located and produced authored by the person in charge of the FDLE oversight of breath tests for the entire state, admonishing the breathalyzer technician for improperly performing this specific breath test. A request was made for the document to be entered into evidence. Based on the document, the hearing officer agreed and lifted the suspension on her driver’s license. License REINSTATED!