Two Massive Wins for Ramsay Law Last Week
We had two MASSIVE wins at Ramsay Law last week.
In our first win, a judge rescinded the license revocation for our client in a case where the state Trooper failed to perform the observation period properly.
Each breath alcohol test has scientific standards that MUST be adhered to for accurate results. Before each breath test, the subject must be observed for 15 minutes. This ensures that the subject doesn’t put anything into their mouth that could affect the test.
In addition, the subject must not burp, belch, hiccup, or vomit. These can bring alcohol from the subject's stomach into the mouth and lead to elevated test results.
Without a proper observation period, you can’t have a valid test.
In this case, the state Trooper only did an 8-minute observation period. The rest of the observation period was conducted in the trooper’s squad car, where it was impossible to observe the subject properly.
We brought in former state breath test scientist Aaron Olson, to talk about the importance of the observation period. He testified that the observation period is required for a valid test.
We also pointed out that the DMT Operator Training Manual states that mouth alcohol is a concern in breath testing. It states:
…actions such as belching, regurgitating or refluxing stomach contents into the mouth are possible sources of mouth alcohol. Alcohol vapors can remain in the mouth for as long as 15 minutes.
The Attorney General brought in a senior scientist from the state crime lab. She testified that the test was still valid, even though the protocols for fair testing weren’t followed.
The judge saw through the state’s shenanigans and gave back our client his privilege to drive.
MAINTENANCE ISSUES FOR THE WIN
In our second win, our client got her license back because the breath alcohol machine was on the fritz. I pointed out specific issues with the machine to the state scientist.
Initially, the state scientist was hesitant to admit that there was a problem with the machine. But on cross-examination in a “Perry Mason-like” moment, she admitted that she could not testify the results were valid, reliable, or accurate.
State scientists are under an enormous amount of pressure to support breath alcohol testing—even when there are legitimate issues with the test. Fortunately, some scientists have the integrity to tell the truth in spite of what their superiors would like them to testify to.
CALL US TO LOOK AT YOUR CASE
If you’re dealing with a DWI charge, you need a lawyer skilled in the science and the law.
At Ramsay Law, we’ve spent thousands of hours educating ourselves about the science to provide you with the best defense possible.
Call Ramsay Law today at 651-604-0000.
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