License Suspension Rescinded Over Missing Breath-Test Paperwork
License Suspension Rescinded Over Missing Breath-Test Paperwork
A client blew nearly three times the legal limit — the kind of result that makes a suspension look automatic. But the Department of Licensing's own hearing packet was missing the breath-test instrument ticket the law requires as foundational proof the test was valid. Tony argued the State couldn't meet its foundational burden without it, and the hearing officer agreed — the suspension was rescinded.
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Practice area(s): DUI / DWI