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BMV v. H.F.

Offense: OUI & Leaving the Scene of an Accident

Summary: Client backed into a car and fled the scene of an accident.  The police met with the client at his home where they administered field sobriety tests.  My client was arrested and brought into the local police station for a breath test.  During the breath testing sequence, my client vomited numerous times.  My client blew a .13% BrAC.

Result: I cross-examined the arresting officer who admitted that he couldn’t recall if he re-checked my client’s mouth every time after he threw up and rinsed the vomit out.  As a result, the BMV rescinded the suspension based on the failure to recheck my client’s mouth.  My client was extremely pleased with the result.

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