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State vs. D.C.

Practice Area: DUI & DWI

Outcome: Driver's License Reinstated

Description: Avery Appelman's client, D.C., was charged with a misdemeanor DWI for having a blood alcohol concentration in excess of the legal limit. The client suffers from gastro esophageal reflux disease (acid reflux) which manifested itself by the perpetual regurgitation of stomach contents into his mouth. Mr. Appelman, employing the use of a forensic toxicologist, successfully argued that the breath test to which D.C. submitted was inaccurate and unreliable. The court ordered D.C.'s driver's license reinstated and ultimately the state prosecution was resolved with a plea to a petty misdemeanor (non-criminal) speeding charge.

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