My next client was noticed by a policeman to be driving not on the straight line. The police officer instructed him to halt at the side of the road a bit later. In fact, the whole chasing and stop were recorded on the video.
My client negated drinking any alcohol at the beginning, and when the officer made a second attempt to know how much he had drunk, he negated repeatedly. After that the officer gave him three standard field tests and estimated his performance to be inadequate on all these tests.
Subsequently, a breath test was taken by the client that rendered 0.15 level of alcohol concentration. Nevertheless, the result of Alco-sensor test was not taken into consideration at pre-trial motions.
The officer believed that the field tests were given upon the “plane” surface. The expert testimony introduced by the defence proved that the inclination of the roadside was two times greater than the allowed level of state highways. The judge was wise enough to order a van and take both parties and jurors to the place of accident to see the inclination of the road.
As a result of these actions my client was declared not guilty of driving under intoxication.