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DWI Dismissed For Unreasonable Time Before BAC Obtained


Outcome: Mr. Abate’s client obtained an absolute dismissal due to the time that had elapsed between the time his client was arrested and the time that a blood test was obtained.

The case highlights a problem that has been observed with the state’s Alcotetest maintenance program. The client was taken to several stations and none had a functioning machine to obtain his breath BAC. The 3 hour wait was ruled unreasonable and the blood test was suppressed.

The Alcotest currently in use is 11 years old and its manufacturer repair contract expires in December. It appears that the contract’s expiration is producing maintenance problems. One of the reasons the case was dismissed was that the prosecutor and State Police refused to provide disclosure concerning these problems.

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