MA Breath Test Evidence Excluded

Client stopped by police following several civilian cell phone reports of erratic operation. Police allege client failed standard field sobriety tests and placed in custody at roadside after 7:40 p.m. Post arrest breath test administered at police station results in .20 BrAC reported at 8:03 p.m. Court allows defense Motion to Exclude Breath Test Evidence because government cannot establish a valid fifteen (15) minute waiting observation period preceded breath test, in light of arrest time, travel and transport to station and reported test time.

29 years of Proven Results.

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