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9/15/2005 - Posted by:
Phone: 612-240-8005
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DWI Dismissed Based on Tainted Evidence POSTED: 4:00 p.m. CST August 15, 2005

Police testified that the arresting officer had a civilian ride along passenger in his vehicle on the night that Sarah Jones' vehicle was stopped for weaving. After conducting some field sobriety tests, Sarah was arrested for drunk driving and later, at the police station, submitted to a breath test resulting in a Blood Alcohol reading in excess of  the legal limit.

A review of custodial videotapes by her counsel Maury D. Beaulier, revealed some procedural irregularities.  When confronted on the witness stand, the arresting officer conceded that his ride along passenger had also accompanied him back to the police station and into the room where the breath test was performed. 

Under cross examination, the officer also revealed that his ride along passenger was not a certified Intoxilyzer operator and that the officer had requested this civilian to press the "start button" on the intoxilyzer machine after it timed out and had gone into sleep mode, much like a computer screen saver.

In arguments to the Court, defense attorney, Maury D. Beaulier, argued that the test results were tainted by the operation of the testing apparatus by an uncertified civilian operator.  The Court agreed and the breath test was suppressed ultimately resulting in the dismissal of the DWI charges.

For legal representation call 612.240.8005 or visit http://www.dwicounsel.com/

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