K.L. v. Commissioner of Public Safety, LICENSE REVOCATION OVERTURNED
Our client was stopped by police for failing to come to a complete stop at two stop signs. Police arrested K.L. after administering Standardized Field Sobriety Tests, and took him to the jail for a breath test. The datamaster breath test machine reported a result of .10, and the state revoked his license.
Our law firm obtained squad video of the stop; body worn camera video of the field sobriety tests, and of the interaction with officers at the jail; years of data from the breath test machine; and other vital documents. We hired an expert physicist to discuss what went wrong with the test in this case. We planned to challenge the following issues:
1) Constitutionality of the Stop;
2) Denial of Right to Counsel;
3) Denial of Independent test; and,
4) Motioned the court for additional discovery, e.g., the software that runs the breath test machine.
Ultimately, the court agreed that the state could not meet its burden and overturned our client's driver's license revocation!