BMV v. J.G.
Summary: Client was reported to be driving erratically by a "concerned citizen". Client was stopped and put through field sobriety tests by the police officer. Client admitted to consuming alcohol earlier in the day and open containers of beer and liquor were found in the backseat of his car. Client was ultimately arrested for suspicion of OUI. During the arrest and transport sequence, client was belligerent and threatened to "beat up" the police officer. A breath test was administered and a result of .14% was obtained.
Result: We conducted a BMV hearing on the issue of whether or not the test result was accurate. The officer left out critical information in his report, repeatedly changed his story and backpedaled when confronted with conflicting information. In a nutshell, the officer lied multiple times under oath. As a result of an extremely aggressive cross-examination, the officer's testimony was completely discredited and the hearings officer agreed that the test result was proven to be unreliable. The suspension was immediately rescinded and the client, who has a CDL, was be able to avoid a one (1) year suspension of his license and can now continue to drive his tractor trailer for a living.