A motion to suppress the breath test results may be pursued based on your representations. These are very fact sensitive motions.
Yes, there is a requirement for a 20 minute observation period. It does not have to be by one cop; the time can be split. However, time driving in a car will not count towards the 20 minutes. You should retain a lawyer to challenge this. There are records of dispatch times, arrival times, etc. that can be put together to punch holes in the observation period, as your version of events alone will not create a winning defense.
Agree with my colleagues that it is a fact-sensitive rule and you should hire experienced DWI counsel to litigate a motion to suppress on your behalf.
Bradley Law Firm, LLC
As my colleagues have noted, a suppression motion on those grounds is fact sensitive. Additionally, the police may have a different recollection. Even if the alcotest is suppressed, you will still need to get by the officer's observations during the field sobriety testing. You would be well advised to retain experienced counsel and explore all of your defenses.
Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
There is such a requirement. If the 20 minute observation is not done the results of the 7110 may not be admitted into the case. Your potential penalties decrease to a 3 month suspension on a first offense, it doesn't help on a second or more. The police will sually insist the period was completed but as Mr. Mark says the time in the car with only one cop should not count. You can get the CAD readouts to show when you left and when you arrived at the other station, The 7110 readout shows the time of your first test. You then just have to subtract. Call for more iformation and a free consultation.
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