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6/22/2006 - Posted by:
Fagan, Fagan & Davis
Phone: 800-KICK-DUI
Alt. Phone: 800-542-5384
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DUI with a 0.22 Breath test - GONE, and the suspension too!

Our client was speeding.  No question about it.  The officer stopped him and obtained an admission of drinking alcohol.  Client did the field sobriety tests - every one the officer requested, including giving a breath sample on a preliminary breath test device on the street of a 0.21. 

He was arrested and brought to the police station in cuffs.  He answered the officers every question, seeking to be polite and cooperative.  The officer requested a breath test, and our client submitted.  Scoring a 0.22 this time for good measure.

Result: The DUI was dismissed.  His suspension was thrown out.  The client was found guilty of speeding and fined $500 and sent on his way. 

The only reason the DUI was dismissed in that our law firm spent five months on a hearing challenging the legality of the officer's arrest.  That five months on the hearing, not on the entire case.  In this case, carefull examination of the state's own materials made the difference, along with patience and perseverance in the face of a judge giving the State every opportunity to cure their failings after the fact.  In the end, the officer's own words five months before the final date of the hearing tripped him up, and he fell right on his face.  The judge was left with no choice, and the state with no out.

The suspension was resolved much earlier on the basis of a separate violation of our client's Constitutional rights. 

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