When a Breath Test Operator Doesn’t Remember Conducting DUI Investigation?

DUI Lawyers in Broward County unanimously agree that in most cases it is a best practice in most circumstances to allow as much time as possible between the arrest of a client and the actual resolution of the case. This is especially true in cases involving an unfavorable breath test result.

This is due to the fact that breath test operators conduct so many chemical test investigations that it is likely that he or she will have no independent recollection of your DUI client, claims DUI Lawyer William Moore.

While this alone will not warrant exclusion of breath results during a trial for DUI, it makes it more likely that an experienced Criminal Lawyer will be able trap the named breath test operator into stating under-oath that they remember conducting the procedure despite the fact that they are in reality simply testifying from their notes and applicable police reports which include their previously prepared breath testing affidavit and DUI/Alcohol Influence Report.

Recently in Broward County, a well respected misdemeanor Judge refused to allow evidence of breath results that were twice the legal limit despite strenuous objections by Chief Prosecutors from the DUI division. Specifically, he found that Criminal Attorney William Moore exposed the named breath test operator as being untruthful under cross-examination.

Specifically, the operator employed by the Broward County Sheriff’s Office (who we will not name here) stated that although she had to rely on notes that she had previously prepared, that she had an independent recollection of some aspects of conducting the breath test of the defendant. She later recanted this when, among other things, she was asked to describe some element of the defendant’s appearance such as shirt style or color, type of dress, hair color at the time etc.

The Judge properly found the integrity of all Broward County DUI Investigators in paramount and that the lack of candor warranted exclusion. As a result a well-instructed Jury found that the deceptive behavior of law enforcement outweighed the actions of the defendant and voted not-guilty.

More information about this case along with the specifics of the entire trial may be obtained by contacting Criminal Lawyer William Moore with the Law Firm William Moore Criminal Defense.