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Client Victories

Motion to Suppress the First and the Second Breath Test

February 2009

KS, left a bar in Springfield, Vermont at about 1:43 AM on November 29, 2008. She crossed over into the other land and the Springfield Police Department made a motor vehicle stop.KS submitted to a breath and she blew .122. After the test was completed KS reached into her mouth and removed some gum and she put it in a rubbish barrel. The gum incident was recorded on the station video. The officer realizing the validity of the breath test could be called into question because KS had a foreign object in her mouth so he conducted a second breath test. The officer had made a major procedural error with the first test, but Vermont Case law says that procedural errors only go to the weight the evidence is given in court, but it does not have an impact on the admissibility of the evidence. Attorney Lynch made a Motion to Suppress the Evidence based upon 1. The First test was flawed. 2. The State had no authority to request the 2nd test. The Motion was never heard because KS accepted a Plea to the lesser charge of Negligent Driving and she paid a $500.00 fine.

Practice area(s): DUI / DWI

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