Dismissed

Summary: 0.107 Breath Test!!! The client is a masseuse. She was stopped for speeding going 96mph in a 65mph zone. She admitted to coming from a bar in midtown and consuming two beers. The officer notated her as having a strong odor of an alcoholic beverage coming from her breath. She told the officer she was driving her friend’s car because her friend was too intoxicated to drive. The officer subjected her to field sobriety tests and notated she failed all three tests. The client consented to a breath test and blew over the legal limit at 0.107 breath alcohol content. Ultimately, attorney Chris Denuna was able to point out the scientific and forensic issues with the Intoxilyzer 9000 (breath machine) and that the breath result was not accurate and reliable. Ultimately, the prosecutor did the right thing and dismissed the case!!!