Synopsis: A BMV hearing was held on the sole issue of whether or not the client refused to submit to a breath test. The arresting officer, a Maine State Trooper, testified that the client was blowing intermittently during the test and was trying to “defeat” the test by “blowing around the mouth piece.” Under cross examination the trooper testified that he did not know what a .XXX error message was and had no idea about the requirement that the two breath samples be within .02% of each other. On the basis of the .XXX result and the failure to obtain two breath samples within .02% of each other, the Hearings Administrative Officer dismissed the case. The client was spared having to serve the 275 day suspension for a refusal to submit to a breath test.
