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BMV v. S.S.

Offense: OUI (.16%)

Summary: Client was stopped for speeding and admitted to the consumption of alcohol earlier in the evening. The officer had the client perform field sobriety tests and arrested him on suspicion of OUI. The officer brought my client back to the station where a breath test was performed. The officer testified that he conducted a proper 15 minute wait period and that there were no issues with the breath test. My client’s breath alcohol was .16%.

Result: The suspension was rescinded based on the fact that the officer admitted under cross-examination that he didn’t actually check my client’s mouth prior to the administration of the 15 minute wait period.

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