Kaysville City v. J.T.

Glen W. Neeley

Case Conclusion Date:March 23, 2010

Practice Area:DUI / DWI

Outcome:DUI Dismissed

Description:J.T. was accused of weaving in and out of his lane, failing the field sobriety tests, having open containers, and blowing a .13 breath test. Officer testified he did everything correctly. However, upon cross examination, it was revealed that the did not follow correct procedures in administering the breath test (mouth check). The breath test was suppressed. Further, the officer did not administer the field tests in a manner that would give them any validity. The DUI was dismissed, and J.T. pled to a careless driving and open container that was held in abeyance.

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