DUI / People v G.E.

Client was a young man who couldn’t sleep and went out for a couple beers in Boulder, Colorado. When he was on his way home he mistakenly turned the wrong way on a one way street, when he was pulled over. He explained to the officers that he had just moved to town about a month prior. They made him step out and perform Roadside Maneuverability Tests in a t-shirt in March. He was cold but looked pretty darn good on tape. He was still arrested and they asked him for a sample of his breath, to which he complied and blew just over the legal limit. However, after my cross of the officers who were in charge of administering a proper breath test, the DAs agreed that the officers completely messed up the testing. They did not watch him, he burped and touched his mouth repeatedly from indigestion. These officers all learned that day how to properly administer a breath test that day. Thank you to the DAs for doing the right thing and dismissing the case. The judge remarked that after such a skillful cross-examination that negated a ton of evidence, it was nice to see some honor on the DAs side by doing the right thing and dismissing it. In the end, honestly, his indigestion was why the breath test was just a bit over. He looked and sounded completely normal but we couldn’t figure out why the breath was over — until we slowly and methodically exposed the problems in the administration.