Avery Appelman's client, D.C., was charged with a misdemeanor DWI for having a blood alcohol concentration in excess of the legal limit. The client suffers from gastro esophageal reflux disease (acid reflux) which manifested itself by the perpetual regurgitation of stomach contents into his mouth. Mr. Appelman, employing the use of a forensic toxicologist, successfully argued that the breath test to which D.C. submitted was inaccurate and unreliable. The court ordered D.C.'s driver's license reinstated and ultimately the state prosecution was resolved with a plea to a petty misdemeanor (non-criminal) speeding charge.
State vs. E.M.
DUI and DWI
E.M. was charged with a DWI, and then Avery Appelman began to represent her. Once involved in the case, Mr. Appelman investigated the facts surrounding the client's encounter with the police and argued that the police could not prove she was actually driving the vehicle. As a direct result of Avery's arguments, E.C.s case was dismissed.
State vs. J.S.
DUI and DWI
J.S. was a Northwest Airline mechanic who worked with chemicals. These chemicals were absorbed into his body and, as a result, his breath test was contaminated. The Court found J.S.'s breath test to be inaccurate and unreliable and reinstated his driver's license. The state ultimately dismissed the criminal charges against J.S.