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Home > OUI, DUI, and DWI > BMV v. R.L.

BMV v. R.L.

Summary:  Client was stopped immediately after leaving a local bar.  The client, who was admittedly nervous, told the cop he’d been drinking that night and had 2 mixed drinks.  He performed poorly on field sobriety tests and was arrested for OUI.  He blew a .13% BrAC.

Result:  We won the hearing because the client vomited twice into a trash can during the 15 minute wait period.  The cop was pissed at the client because he thought he was messing with the machine.  Due to the failure to ensure his mouth was clear of foreign objects (vomit) and failure to re-start the wait period, the case was thrown out at the BMV and the client was able to keep driving.

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