The Defendant was charged with driving under the influence of alcohol on a military installation. A military officer stopped the Defendant based upon his running thru the stop sign. Other than the strong odor of alcohol and his operation of the motor vehicle the Defendant did fairly well on his field sobriety tests. Counsel for Defendant objected to the admissibility of the breath test results on the basis that the arresting officer lack probable cause to effectuate an arrest.
Opposing counsel failed to recall the Government's main witness to testify as to the preliminary breath tests which is only admissible when probable cause is challenged. As a result the Court sustained the Defendant's objection and reduced the charge of driving under the influence to reckless driving.
(for more go to www.legaldefense.com)