8/29/2011 - Posted by:
Stone Lockett, P.L.
Phone: 904-396-3335
Alt. Phone: 904-536-9309
Fax: 904-399-4540
Mobile: 904-536-9309
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Over the Legal Limit? NOT GUILTY
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In a recent case where our client's breath test was almost twice the legal limit we challenged the science behind the breath test machine. We cross examined the state's breath test operator and inspector as well as their best expert and pointed out the scientific deficiencies of the machine and its software. We then called our own expert who happens to be a rocket scientist having worked for NASA in that capacity before retiring. He analyzed the state's newest breath test machine the Intoxilyzer 8000 and concluded that there are some very important problems with how the machine processes information. Based on that scientific challenge as well as the factual challenges we made to the physical observations of our client the jury agreed that the state's evidence was not as compelling as they would have you believe. Following a three day jury trial the jury found our client NOT GUILTY.
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