September 2017 - First Offense Dismissed
Facts:
Police originally pulled my client over for the registration sticker missing on the motor vehicle. Although it was not my client's car, he was asked to perform Field Sobriety Tests. As a result of these tests, my client was arrested and brought back to the police department where he submitted to a breath test.
Maximum Penalty:
Imprisonment for not more than 2 1/2 years, or not less than $500, or both, plus $50 Victims of Drunk Driving Assessment, $250 Head Injury Assessment, and license revoked for 1 year.
Outcome:
The charge for OUI-Liquor was dismissed after I filed numerous motions challenging the reliability of the breath test. Additionally, I filed a motion in Commonwealth v. Ananias which alerted the public that the Office of Alcohol Testing withheld evidence showing faulty results for the Draeger 9510 breath test machines. Consequently, a statewide moratorium on the use of breath test results was issued by the government. Due to all of these efforts, I was able to successfully have my client's charge dismissed!