My client was stopped at a so-called sobriety checkpoint. He registered a .12 on the breath test, well above the legal limit of .08, and was charged with OUI. After reviewing all of the documentation regarding the administration of the test, I found a defect and recommended he fight the case. After my motion to suppress evidence, the judge found he wasn't properly and timely advised of his statutory rights regarding taking the breath test and threw it out. Without the failed breath test, we took the case to trial and easily won a not guilty.
See order excluding breath test.