Over 80 Breath Test Charges Acquittal

Posted in Criminal Driving Cases, Over 80

My client was charged with Drive Over 80.  The police received a call from the doorman of a bar that had turned my client and a couple of his friends away, believing they were drunk.  The doorman had given the police the license plate number of my client’s vehicle and a few minutes later my client was stopped.  He failed the breath test at the side of the road and was taken to the police station where he registered breath readings of 180.  My client was acquitted at trial after I successfully argued that the breath technician’s testimony did not prove that one of the technical requirements to prove the charge had been satisfied.

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