State v. GT
The client was stopped for having defective equipment because one of his brake lights was out. He was arrested for DUI after the officer's suspected he was less safe to drive and the client admitted to drinking earlier at a bar and submitted to a State breath test which showed he had a B.A.C. of .240. The maintenance and testing records for the Intoxilyzer 5000 that the client had been tested on were requested and the charge was reduced to Reckless Driving after it was determined that the machine had not been properly maintained and the test results would likely have not been admissible at trial. The breath test machine failed inspection and went back to the manufacturer for an overhaul.
Practice area(s): DUI / DWI