Practice Area:DUI / DWI
Description:Client driving home in the rain when he was cut off by another vehicle. He lost control and came to a stop nose into the jersey wall of the high way. A state trooper stopped shortly after, said he smelled alcohol on my client's breath; he asked him if he would take a breath test at the station, but did no road side tests because of the rain. Client did take a breath test which showed him well over the legal limit. We obtained, among other things, the calibration records for the breath test machine that showed it was almost six months out of calibration. On the day of trial we showed the prosecutor before trial that the breath test was invalid and that all he had left was an odor of alcohol. Case dismissed before trial.