4 Massive Wins For Justice Last Week
We had 4 wins for our clients last week! At Ramsay Law, we do everything we can to zealously defend our clients, and last week, it paid off big time.
In one of our cases, a judge rescinded the license revocation due to the physical inability to provide a breath sample. My 64-year-old client was doing his best to provide a breath sample into the breath machine, but just couldn’t provide the full breath required.
At one point, my client even told the officer that he gave it “all [he] had.”
Many think these types of cases are unwinnable. Clearly, they aren't! It comes down to understanding the science and going through every single piece of evidence with a fine tooth comb.
Here’s how we won the case:
WE GOT THE VIDEO
The video showed the mouthpiece popping off as our client was blowing. Our expert, Aaron Olson, testified that mouthpieces don’t always fit properly. When a mouthpiece doesn’t fit, air leaks out—preventing my client from getting a fair shot.
WE GOT THE DATA
Minnesota calls its breath machine the “DataMaster” for a reason—it collects tons of data! We were able to analyze the data to find out how much air he actually blew into the machine. By looking at the granular data, our expert testified that my client blew 1.42, and 1.43 liters of breath on two separate occasions.
This amount of air was within the uncertainty of the DataMaster’s ability to measure breath.
Our client wasn’t trying to mess with the test. He was genuinely trying to provide a sample. But instead of moving to a different type of test, the officer decided to “deem” the test a refusal.
WORK WITH AN EXPERT
We hired a former BCA breath scientist to help analyze the case. He was able to testify about the vast numbers of people he’s trained on the instrument, and how some of them struggled to provide a sample. And the people he trained were officers who were young and healthy. Imagine how much more of a struggle it would be for someone at 64-years-old!
LEARN THE SCIENCE
At Ramsay Law, we pride ourselves on going above and beyond to learn every aspect of the science. We continually point out how the state is taking shortcuts. Here are a few of our recent articles pointing out the state's flaws:
- THE STATE IS IMPROPERLY CERTIFYING ITS BREATH ALCOHOL MACHINES
- STATE BREATH ALCOHOL LAB FAILS TO FOLLOW BASIC QUALITY CONTROL GUIDELINES
- THE STATE ISN'T CALIBRATING ITS BREATH MACHINES PROPERLY
- INTERFERING SUBTANCES CAN PUSH YOU OVER THE LEGAL LIMIT
We’ve spent thousands of hours (and hundreds of thousands of dollars) learning the science behind DWI testing over decades. And, we are the only firm in Minnesota with an ACS-CHAL lawyer-scientist, and a Board Certified DWI Defense Attorney recognized by the American Bar Association (not yet by the MSBA).
Not only that, but we’ve built relationships with experts across North America that we can access at a moment's notice—and we know how to use them.
If you’ve been a victim of the state’s flawed science, call Ramsay Law.