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Home > OUI, DUI, and DWI > BMV v. M.CT


Offense: OUI

Summary: Client was arrested for OUI and brought back to the station for a breath test.  The officer testified that he conducted a proper 15 minute wait period and that he checked my client’s mouth prior to the start of the 15 minute wait period.  I was able to obtain video from the Intoxilyzer room that showed the officer didn’t perform a mouth check until immediately prior to administration of the breath test.

Result: Based on my cross-examination of the officer and his agreement that the critical pre-test procedures weren’t properly observed, the suspension was rescinded and my client’s driving privileges were restored.

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