Offense: OUI
Summary: Client was arrested for OUI and brought back to the station for a breath test. The officer testified that he conducted a proper 15 minute wait period and that he checked my client’s mouth prior to the start of the 15 minute wait period. I was able to obtain video from the Intoxilyzer room that showed the officer didn’t perform a mouth check until immediately prior to administration of the breath test.
Result: Based on my cross-examination of the officer and his agreement that the critical pre-test procedures weren’t properly observed, the suspension was rescinded and my client’s driving privileges were restored.
