My next client was observed by the state trooper driving his car at 88 mph in 50 mph zone. The officer pulled him over and starting to ticket the man noticed the smell of alcohol in his breath. After that the officer offered my client to perform some voluntary field test and in a while arrested him to test on the Alco-sensor. The trooper testified under oath for two times that he had waited for 20 minutes before giving a breathalyser test to the defendant. The officer knew that without waiting for 20 minutes the defendants breath test result would be unreliable. As for the defendant, he later testified that he was placed at the breath testing machine straight after his arrived at the police station without waiting time. Also the officer testified that he had accomplished necessary implied consent advertisements, though the defendant claimed that no card was read to him at all. The breathalyser test rendered 0.11% of alcohol.
neuro trance To challenge the reliability of the 0.11% test result, I summoned a supervisor for the Alco-sensor who trained police officers on breath testing operation procedure. The supervisor testified that without 20 minutes of observation period the result of the breath test was not reliable.
To prove the defense version of the events, I called to witness two persons who testified that my client had drunk very little alcohol and that was three hours before he was stopped and also that the defendant had been treated for stomach disease and he took prescribed medicines for the gastric problems. With the purpose of supporting my clients personal honesty, I called two reputable businessmen who knew the defendant as a man having good reputation in the union. In addition, the cameras located outside the building of the jail and within the jail showed that the trooper took the defendant out of the car at once and went right to the Alco-sensor where the breathing test was obtained in not more than 5 minutes after they arrived.
As a result the defendant received a verdict of not guilty on driving under intoxicated accusation.