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BMV v. P.F.

Offense:  OUI (.24% BrAC)

Summary:  Client was spotted leaving a bar and walking back to his car by a local police officer.  Officer indicated that the client appeared to be impaired as he was staggering to his car.  The client drove off at night without first activating his headlights.  As a result, the officer stopped my client for the headlight violation and developed enough information to arrest my client on suspicion of OUI.  The client was brought back to the local PD where field sobriety tests were administered.  My client failed miserably and was given a breath test, which he/she blew a .24% BrAC.  The client was charged with OUI.

Result:  We requested that the PD preserve a copy of the Intoxilyzer room video for review.  We later discovered that the officer violated the 15 minute wait period when he left the room for approximately 17 seconds, leaving my client unattended.  When confronted with this issue, the officer denied ever leaving the room.  Thankfully, we had the videotape, which we played for the hearings officer and the cop.  The police officer had clearly forgotten that he left the room and admitted that as a result, the test was unreliable.  BMV suspension DISMISSED!!!

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