What Started With .158 Breath Test Ends in Not Guilty

posted by Robert Rehkemper on Thursday, June 01, 2017

Ames, Story County, Iowa. What started with a stop for swerving and crossing the center line with a breath test result of .158, ends in a Not Guilty verdict following jury trial.  The .158 breath test result was suppressed and excluded at trial because the arresting officer denied GRL Law's client's request to have his roommate come down to the station without advising client that he had the right to an in-person consultation with an attorney or family member. The prosecution refused to resolve the case after the Judge's ruling and the case proceeded to a jury trial. Despite claims that client weaved and crossed over into oncoming traffic, appeared intoxicated, and refused field sobriety tests, the jury returned a verdict of not guilty.  The in-car and officer body camera video and audio footage were key in refuting the officer's claims. Driving privileges spared and operating while intoxicated conviction avoided.
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About The Author

Mr. Rehkemper was selected to the Super Lawyers list for the fifth straight year in 2017, and has repeatedly been named Avvo’s Client Choice and Top Attorney for DUI defense with a Superb rating of 10.0 out ... read more