State v. Walter B.

Leonard D. Harden

Case Conclusion Date:February 6, 2013

Practice Area:DUI / DWI

Outcome:Not guilty

Description:Grafton County Superior Court. Aggravated DWI with a breath test of 0.18 BRAC. Client stopped for speeding, arresting officer claims he fails field sobriety tests and arrests. Client agrees to take breath test. Result of breath test on Intoxilyzer 5000 EN is a 0.18 Breath alcohol reading. Client has chewing tobacco in his mouth at time of stop and drank while chewing tobacco was in his mouth. Defense hires Mary McMurray a breath test expert to testify that the chewing tobacco could contaminate the breath test making it unreliable scientifically. Jury finds client not guilty.