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911 call of erratic operator, .10 breath test…

Police receive 911 call for an erratic operator and ultimately stop client after observing four (4) marked lanes violations.  Officer observes that client’s eyes are “glossy,” and that there was an odor of alcohol coming from his person.  When asked, client initially denies drinking any alcohol, but later admits to having three (3) Twisted Teas.  Client allegedly fails the Alphabet Test and the One Leg Stand Test, and is then placed under arrest.  Back at the station, client elects to take a breath test with a result of .10.   Evidence suggests that  the erratic operation may have been caused by driver texting at the time, and argues that the breath test is not adequate proof of the client blood alcohol content at the time of driving.  VERDICT: NOT GUILTY.

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