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DWI charge, .09 breath test, reduced to lesser offense…

Client stopped for speeding (53 in a 35 m.p.h. zone) at 1:30 am.  After officer detects an odor of alcohol and slurred speech, client is asked to perform a series of field sobriety test, including a portable breath test (“PBT”) with a reading of .106.  After being arrested, client elects to take a breath test, which registers a .09.   Defense prepared to argue reasonable doubt based upon machine margin of error and other factors.  VERDICT: DWI COMPLAINT DISMISSED.

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