DUI Lawyers Directory. Search for a dui lawyer near you. Operating a vehicle while drinking could cause judicial actions.
 Zip Code Search for DUI Lawyers
Defending Alleged Drunk Driving Criminal Acts Read about successful dui defense cases from member dui lawyers Read about successful dui defense cases from member dui lawyers Membership at DUI Defenders Discuss issues related to dui/dwi/owi Contact Us about a DUI Lawyer


9/15/2005 - Posted by:
DWICOUNSEL.com
Phone: 612-240-8005
Alt. Phone: 612-240-8005
Mobile: 24 Hours!
Send Email  Visit Website

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/

 
DUI Lawyers CLICK HERE
Select DUI Attorneys by State
DUI Driving Defined Highway Defined
Under Influence Defined DUI/3 Strikes DUI & Manslaughter
DUI & Murder DUI Punishment Sobriety Checkpoints
DMV's Role in DUI Revocation vs. Suspension Field Sobriety Testing
Speed Measurement Prior DUI Convictions Drawing Blood & Consent
Refusal to Test DUI Lawyers Testimonials by Member DUI Lawyers
DUI Articles Ignition Interlock Implied Consent
Summary DUI License Suspension In-home Arrest Vehicle Defined
 RSS Feeds  |  Articles  |  Jobs  |  Leads
SiteMap | DUI Blog | DUI Lawyers | DUI Attorneys | Member Agreement | Terms of Service
Attorneys Click Here | DUI Case Laws | FAQ | Directory of DUI Attorneys | Success Stories | Press Releases
Copyright © 2004. “DUI Defenders”. All rights reserved.

...