DWI And Refusal Dismissed At Trial
Outcome: Mr. Abate was recently able to obtain a dismissal at trial for a client who faced a second offense DWI and Refusal.
The client faced 4 years of suspensions and jail time. Mr. Abate is one of the rare attorneys who has performed class work to become certified in performing Standardized Field Sobriety Testing. Due to this training, Mr. Abate was able to determine that the client (who suffered from prior cervical and other injuries) was not a candidate for the SFST’s. Mr. Abate further learned that the client had not refused, but instead had trouble blowing into the Alcotest because he had his removable braces in. The police officer had failed to perform a oral cavity search and permitted the breath test to be performed with a foreign object in the mouth. The improper procedure resulted in a suppression of the refusal charge. The client gratefully avoided any penalty for the DWI and Refusal thanks to Mr. Abate’s knowledge and training with the SFST’s and legal requirements for a breath test.
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