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Old Bridge New Jersey DWI Breath Test Suppressed, 54 MPH


Outcome: No Jail

Mr. Abate’s client was apprehended driving at a speed of 112 MPH with a BAC of .23. Upon reviewing the Alcotest data, Mr. Abate observed that the first breath test resulted in a result that was out of tolerance. Mr. Abate further observed a failure to maintain a 20 minute observation of the client between test sequences. As a result, a motion was made to suppress the breath sample, which lessened the client’s exposure from 12 months to 3 months. Mr. Abate further prevented the extreme speed from enhancing the suspension or resulting in jail time.

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