BMV v. S.C.
Charge: OUI - BMV Hearing
Summary: my client was charged with an OUI which stem from an accident, where my client left the road. A BMV hearing was conducted, which my client did not participate in. At the hearing, the major issue for contention was whether or not the officer followed proper procedures with respect to the breath test. My cross-examination concentrated on these procedures.
Result: The officer admitted under oath that he had failed to not only check my client's mouth, but to stay in the room with him the entire time prior to the administration of the breath test. This resulted in the dismissal of the Bureau of motor vehicle suspension.