As part of our pretrial discovery process, GRL Law routinely scrutinizes the contents of PBT logs.
Why?
Because record keeping errors can prevent the PBT from triggering implied consent. If there’s a defect in the implied consent process, then the driver’s operating privileges won’t be revoked. The breath test or refusal may also be inadmissible at trial in the companion criminal case.
Last spring, this administrative regulations for PBT logs added for the first time the expiration date of the standard used to the list of required information.
Did law enforcement agencies get the memo? From what we can tell, the answer is a resounding “No!”
It’s a rare occasion today when we see a compliant PBT log. Most ignore the expiration date still.
That’s okay. We’ll take it!
The impaired driving attorneys at GRL Law are experts in exposing weaknesses in the state’s case wherever they can be found. The expiration date continues to be the soft underbelly of the PBT log now nine months on.
While most defense attorneys are unaware of this change, GRL Law is out here getting it done for our clients.
