Samantha G.
May 17, 2017OUTCOME: Case dismissed!
Client was charged with failure to submit to a breath test on suspicion of driving while intoxicated. Client was found to be slightly above the legal limit of .08 and the officer conducted the roadside ... breath test. After client was arrested officers drove to three separate precincts in order to find one which had an operating in-station breath test. The results of this test also showed that he was slightly above the legal limit. However, his case ultimately got dismissed. It got dismissed because this section of law states that an officer must conduct the in station breath test within two hours of the roadside test. Since it took the officer over two hours to finally find a station that had the appropriate testing device, the two hour window was broken.