CLIENT WHO SCORED 0.14 ON THE BREATH TEST HAS HIS CASE THROWN OUT!
Corey A. went out to a nightclub with his friends and drank a few beers. He didn’t think he was intoxicated, so he took the breath test — only to score 0.14, nearly twice the legal limit. Because of his driving background, his driver’s license would be revoked if he either plead guilty or lost at trial.
Attorney Harold L. Wallin’s first line of defense was to attack the reliability of the breath test. He successfully argued that the breath analysis machine used to test Corey was not properly calibrated. A Circuit Court judge agreed and ordered that the 0.14 breath score could not be used against Corey at trial.
When the case went to trial, attorney Wallin’s cross-examination of the arresting state trooper revealed that the state trooper pulled Corey over on the left curb lane of the highway. The trooper then directed Corey to get back in his car, cut across four lanes of traffic and exit of the right-hand ramp of the highway. The trooper admitted that Corey accomplished this task perfectly. The trooper also admitted that Corey did not need assistance getting out of his car, walking, answering questions or performing field sobriety tests. After the state rested, the trial judge directed a finding of Not Guilty.
On November 3, 2000 , Corey A. sent Mr. Wallin a letter stating in part that : “My sincerest thanks goes to you for my excellent legal representation. I could not be happier with the results of my trial. You made a very critical difference in my future…The extra time and effort put forth on your behalf until the end was truly appreciated… Thanks again for displaying experience and skill to get the best possible results for me.”
Corey’s thank you letter:
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