Synopsis: Client was exceeding the speed limit by more than 30mph in a speed restricted part of town. Client allegedly “resisted arrest”, was tazed and charged with a multitude of crimes including OUI. During the BMV hearing which took place over the course of 2 days, testimony from all parties indicated that the client had consumed alcohol while using chewing tobacco. The arresting officer did not conduct the Intoxilyzer test and therefore couldn’t specifically recall whether or not the client had tobacco in his mouth. Client testified to the presence of tobacco and provided the Hearings Administrative Officer with medical documentation supporting that same assertion. An expert witness testified to serious reliability issues with the breath test in light of the presence of the tobacco.
Result: Suspension was rescinded. Client had a CDL and was able to maintain his employment and his life remained intact. The Hearings Administrative Officer was extremely skeptical as to the effect of tobacco on a breath test but was ultimately convinced by Counsel’s evidence including his expert witness testimony.
