DUI with .125 breath test reduced to speeding ticket

Cory Earl Yager

Case Conclusion Date:December 20, 2012

Practice Area:DUI / DWI

Outcome:DUI reduced to speeding ticket with $100.00 fine

Description:Client was charged with speeding and DUI. Client submitted to a breath test and showed a BAC of .125. At a motions hearing, Mr. Yager was able to suppress the sole field sobriety test performed by the arresting officer, the Horizontal Gaze Nystagmus (HGN) test. This test was suppressed after Mr. Yager was able to show the officer failed to properly medically qualify the Client and was able to show that the officer did not comply with his NHTSA training. Mr. Yager was also able to exclude the admission of the breath test result at trial based upon an argument thatthe officer improperly coersed the Client to take the breath test.

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