GWINNETT COUNTY, Ga. — A new ruling from the state supreme court may make it harder for the state to use
breathalyzer test results and refusals against you in a DUI case.
At trial, defendant asserted that he meant only that he would be prejudiced if
the breathalyzer test results were inaccurate.
Not exact matches
I always try to challenge the
results of your
breathalyzer or blood
test in court.
Don't think that just because the
results of a
breathalyzer or blood
test showed that your BAC was 0.08 % or higher you should skip calling a Fairview DWI attorney and simply plead guilty.
There are many factors that could have
resulted in a false - positive on the
Breathalyzer test.
Suffice to say the issuance of an ADP driving prohibition by the police assumes that the police officer has operated the BAC Datamaster C
breathalyzer machine correctly, that the BAC Datamaster C was properly functioning at the time of the
tests and that the
results of the BAC Datamaster C that were achieved are actually an accurate and reliable reflection of the amount of alcohol in your body.
Without
Breathalyzer or blood
test results to rely on, a DUI conviction becomes much more difficult for a prosecutor to secure.
The
results from a
Breathalyzer or blood
test are merely one piece of evidence that can be used to prove guilt beyond a reasonable doubt.
Justice Parry, therefore, excluded the
results of the
breathalyzer test due to the delay in informing Mitchell of his right to counsel.
The
results of that
test are inadmissible in court to prove anything other than the fact that the officer had reasonable and probable grounds to make an arrest and a subsequent demand for breath samples on a more reliable
breathalyzer.
The Fabbrini Law Group has successfully challenged the
results of field sobriety
tests and
Breathalyzer tests, and proved that our clients were stopped illegally or were not read their rights.
If you have been arrested for DUI, and you either refused to take a
breathalyzer test or took a
breathalyzer test that
resulted in a.08 BAC or higher, then you may face a driver's license suspension, even if you are caught driving under the influence out - of - state.
Our attorneys have successfully challenged many aspects of traffic stops and arrests including
Breathalyzer procedures, blood
test results, the absence of probable cause and the validity of road blocks.
In relevant part, the Alcohol
Breathalyzer Refusal Form advises the accused that he is required by law to take a breath
test and that a refusal to do so constitutes a violation of N.J.S.A. 39:4 - 50.2 and will
result in a fine of not less than $ 250.00 and a license suspension of six months.
However, similar saliva swab
testing has been considered by the Courts in the recent past and deemed not to render an immediate response (such that present impairment is determinable to a satisfactory degree similar to the
results achievable through alcohol
breathalyzer tests).
Inaccurate
test results from a
breathalyzer test due to the use of mouthwash or breath strips, dental problems, alcohol vapors in asthma inhalers, uneven alcohol distribution in the blood, or residual mouth alcohol;
In case, you faced a false positive
result in a
breathalyzer test, arrest is mandatory.
They can help drivers understand facts which prompt a false positive
result in a
breathalyzer test.
Mr. Justice ruled that the ASD
result could not be relied on, and could not form the basis for reasonable and probable grounds to demand a
breathalyzer test.
It's important to note that refusing to submit to a
Breathalyzer test also will
result in penalties.
Breathalyzer maker BACtrack today announced the BACtrack Vio, a $ 49.99 alcohol
testing unit that fits on a keychain and feeds the
results over Bluetooth to your iPhone or Android smartphone.