State v. J.V.A.
Our client (JVA) was stopped for speeding last year. The officer administered field sobriety tests and ultimately arrested her for DWI. The DataMaster breath test results were .092 and .087, and the state charged her with 4th degree DWI.
JVA, a medical doctor, hired us to challenge the charges. We demanded a contested hearing where were able to demonstrate the officer failed to follow his training when administering the breath test. Generally, breath test operators are required to observe a test subject for at least 15 minutes before testing to ensure they don’t belch, burp, regurgitate, or place anything in their mouth. Here, rather than strictly following his training, the officer left the room, and was unable to observe JVA. Since officer couldn’t testify what occurred during the period of time he left the room, the judge found the test results were invalid and unreliable.
Based on this ruling the state agreed to dismiss the DWI charges. Instead of facing a DWI conviction, she paid a speeding ticket.