Police initiated a traffic stop on a motorcyclist traveling 70 mph in a 45 mph zone. The Driver exhibited slurred speech, watery eyes and smelled of alcohol. The Driver admitted to drinking beer at Hooters prior to the stop. The Defendant failed Field Sobriety Testing and agreed to submit to a Breathalyzer Test. The Defendant blew .178 and .175; twice the legal limit of .08. The Department of Highway Safety and Motor Vehicles suspended the Defendant’s license.
RESULT: The Defense requested a Formal Administrative Review Hearing with the Department of Motor Vehicles on behalf of the Client. The attorney subpoenaed the testimony of the arresting Officer, the Officer who administered the Field Sobriety Testing and the Breathalyzer Technician. The Attorney proved inconsistencies in the Officers’ statements. The Hearing Officer ruled in the Defense’s favor andREINSTATED the Client’s license.