Practice Area: DUI / DWI
Outcome: Again, I won at the state court, State appealed
Description: I argued that the requirement that the two tests which make up a set of tests on the intoxilizer have to be within 0.02 of one another, was for admissibility purposes only. That means that since the lower of the two is the one defendants are prosecuted with, the higher one should be irrelevent after the pre trial hearing on the admissibllity of the tests and should not be presented at trial. The lower court agreed with me. The Court of Appeals said no.