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?
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.
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.
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/0-10000000/0-10...
North Carolina normally mandates two sequential tests, but there are exceptions.
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