L.R.D. v. Comm'r of Public Safety

Last year another criminal defense attorney contacted our firm seeking our help. Her client had been arrested and charged with a DWI. Because his breath alcohol concentration was over the legal limit,  the state also revoked his license to drive for 90 days. The government was unwilling to voluntarily reinstate his license.

After reviewing the materials we formed the opinion that the state could not prove by a preponderance of the evidence the alcohol concentration was over the legal limit (the standard in civil, license revocation cases). We were then retained to assist the attorney for that matter.

After obtaining additional documents we contacted the government to explain how the test was deficient. This week the government agreed they could not prove that his alcohol concentration was 0.08 or more with the uncertainty of measurement. They agreed to administratively rescind the revocation, reinstate his license without payment of the $680 reinstatement fee, and removed the incident from his driving record. Science won.

The bulk of our work is for our own clients, but legal consultation and representation for other attorneys and their clients is a growing part of our practice. We welcome the opportunity to help other attorneys with their cases, particularly those that involve forensic science issues. As you can see, it can really make a difference.