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I am waiting for a jury trial in january 2012 for OUI charges. I have acid reflux and had a panic attack just before

Tewksbury, MA |

I took the breathe alyzer test. What kind of professional could testify, MD? Or is there medical documentation that could be used in court?

Attorney Answers 2

Posted

These are factors that can absolutely impact the results of your breath test by falsely elevating them. The reflux issue is one that I see fairly often and have had good success in WV where I practice defending cases on that basis. I normally use a medical doctor to help lay out this defense, but other professionals can also offer qualified testimony. You need to begin with the right DUI lawyer, preferably one who has worked with both the defense and the right experts before, to help you advance this issue in your case. Don't waste time in looking for and hiring the right lawyer.

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Posted

The facts you mention could have an effect on the reliability of the breathalyzer. Keep in mind that there are other factors not mentioned in your posting that may have on impact not only on the reliability of the breathalyzer (BT) results, but also on the admissibility of the BT results. Perhaps the periodic testing requirements were not complied with, perhaps you were not observed for 15 minutes prior to taking the BT, just to name a couple. There may be grounds to suppress all evidence (statements, field sobriety tests, BT results) on the argument that the initial stop was not justified. What you really should do is consult with an attorney who has handled many OUI cases, and is well-versed in the ways to attack the admissibility and reliability of the BT and the law regarding suppression of evidence.

Good luck,

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Phil A. Taylor

Phil A. Taylor

Posted

The most important advice there, that I only mention so it is not overlooked, is the need to consult with an attorney who handles these cases. There can be long lasting effects from this in the future.

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