Gave first breath sample, could not give second sample( did not even blow in to the machine) in the same machine cycle. Breath test sheet shows for first subj test a bac value followed by air black and for the second subj test "***"( yes printed stars) followed by another air blk. It shows "no test" at the bottom instead of "reported ac" statement. Operator did not wait for the second sample to time out and there was no refusal. Gave next breath sample some time later. No second sample for this machine cycle as well and i get a similar breath test sheet with "no test" at bottom. How do we know everything is working fine if there is "no test" as certificate of analysis?
Criminal Defense Attorney
We don't. I gather there were two sequential tests within .02. This will satisfy the statue as admissible, although your attorney may be able to argue that the machine is not reliable. I would recommend you consult with a good DWI lawyer in Charlotte. Bill Powers is excellent and posts frequently in avvo.com.
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DUI / DWI Attorney
You need to call an experienced DWI defense attorney. I also agree that you should contact Bill Powers. Even if he is unable to handle your case ( if it is not a county he typically handles) he will at least be able to refer you to someone in that particular area. Your question could actually take some of us who handle these often an hour or more to try and explain. You may have a pretty good issue here though.
Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.
DUI / DWI Attorney
If any answer on AVVO.com helps, please mark it as "helpful" or "best answer" to let AVVO know which answers are exemplary.
That is a VERY complicated subject and frankly, one would be best suited looking at the "skinny sheet" to determine what was happening.
We have an older Continuing Legal Education paper online that, although intended to teach lawyers, likely would provide some helpful information. See: http://www.ncatl.org/file_depot/0-10000000/0-10000/9208/folder/88144/Bill+Powers_Blood+Breath+and+Beyond.pdf
North Carolina normally mandates two sequential tests, but there are exceptions.
north carolina dwi attorney
NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.