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Commonwealth v Jane Doe

Practice Area: DUI and DWI

Outcome: DWI and Refusal both dismissed

Description: Client was stopped for numerous traffic infractions early one morning in Harrisonburg, VA. She allegedly failed the field tests and then refused the evidentiary breath test. We obtained the video and were able to show that the Officer choose not to properly adminster and grade the tests. The Client stood for 42 seconds on one leg without a coat in 15 degree weather with snow on the ground. The Client did walk and turn with 3 inch heels. The Officer blocked her path after the turn and assigned negative points for stopping during the test. The HGN test took 23 seconds not the 82 seconds it would require. The evidentiary breath test was conducted by an officer who was upset with the Client. The Client was deemed to have refused after one invalid test result. That same operator allowed the next subject four invalids. We were very fortunate to locate the video.

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