BMV v. A.M. pt. 1
Summary: My client had been charged previously for OUI. As a result, he was facing a 150 day loss of license. We requested a hearing with the Bureau of motor vehicles as we had a real issue to contest. The client had been investigated for pulling into a parking lot and trying to sleep. This triggered a subsequent OUI investigation during which my client was ultimately arrested and charged with OUI
Result: Through extensive cross examination of the police officer, we learned that he was unsure of whether or not he did a proper mouth check and 15 minute wait period. Luckily, I come prepared with the video from the Intoxilyzer room and a laptop ready to play the evidence for the hearings administrative officer. After playing the video for the hearings administrative officer, the case was dismissed due to an improper mouth check in 15 minute wait period. These results are not uncommon, as officers frequently skirt or forget to follow proper procedures when administering a breath test.