Case Results of OWI Defense Cases when there was an Elevated BAC
OWI Lawyer Find Illegal Variance in Breath Test Results
Client was charged with drunk driving after erratic driving caught on police video and after failing all field sobriety tests. Once retained, Attorney Joseph Awad carefully reviewed all documents and noticed an illegal variance in the breath test results the client provided at the police station. Attorney Awad argued successfully that the breath tests results showing elevated BAC were inadmissible in court, since the proper procedure of the administration of the test had not been complied with. When the City attorney reluctantly agreed with the reasons cited by Defense Counsel, the OWI charge was dropped.
Second Drunk Driving OWI Arrest Dismissed
Client was arrested for his second drunk driving offense in a two year period. Officers had approached the client after he had exited his vehicle and was properly parked. To do his best to ensure success, Client hired Attorney Awad. The experienced OWI attorney argued to the prosecutor and judge that the legally required “reasonable suspicion” needed to stop his client had not existed, as there was no evidence to suggest that his client had committed a crime. After attorney Awad subpoenaed the officer’s videotape of the incident, the argument and videotape was reviewed by the judge, who agreed with Attorney Awad. The drunk driving charge was therefore dismissed, despite the fact that the client had a blood alcohol level twice the legal limit when arrested.