Felony Operating While Intoxicated 3rd Offense Dismissed

Felony Operating While Intoxicated 3rd Offense Dismissed

Client was charged with the felony of Operating While Intoxicated 3rd Offense after being stopped at 4:30 a.m. for disregarding a red light.

Drunk Driving Attorney Edward Duke obtained a copy of the video from the arresting officer’s patrol vehicle prior to the preliminary examination on the felony charge. Through careful review of the video, it was discovered that the arresting officer failed to check the client’s mouth for foreign substances prior to administering the PBT in violation of administrative regulations.

Mr. Duke successfully argued to the court that the officer’s conduct called into question the reliability of the .085 breath test result and the consequent lack of probable cause for the arrest.

The court refused to bind the matter over to the circuit court on the felony charge and dismissed the case.

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Summary
Felony Operating While Intoxicated 3rd Offense Dismissed
Article Name
Felony Operating While Intoxicated 3rd Offense Dismissed
Author
Duke Law Group