DUI Books by David N. Jolly

Contact us for a FREE CONSULTATION

Please contact us at (425) 493-1115 or check out our website for detailed information at www.washdui.com

Search This Blog

Tuesday, January 11, 2011

Snohomish County (Lynnwood) DUI Attorney: Snohomish County BAC suppressed because tobacco in mouth

Yesterday in Snohomish County (Lynnwood) a client who was charged with DUI had a motion in front of a very experienced and well thought of Judge.  The issue in this Snohomish County DUI case was simple, did my client have a foreign substance in his mouth when he blew into the BAC machine?  Truth is that he did, and we all agreed - it was chewing tobacco.  However, things aren't always as they appear, particularly in Snohomish County DUI cases.  To make matters more complicated the Trooper is a well seasoned veteran who as arrested hundreds of DUI drivers in Snohomish County over the years.  He generally knows what he is doing.  At the end of the day the Judge made a tough, but correct decision, and suppressed the BAC.  The reason the BAC was suppressed in this Snohomish County DUI case was because the Trooper could not affirmatively say that my client denied having anything in his mouth and also, when my client attempted to rinse his mouth it was inadequate.  Finally, when the Trooper checked the inside of my client's mouth he failed to check my client's lip – which is where the tobacco was.  Good job by the Snohomish County prosecuting attorney on this one.

For information on your Washington State MIP or Washington State DUI please contact our Snohomish County DUI attorneys, Whatcom County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, Skagit County DUI attorneys, Mt Vernon DUI attorneys, Everett DUI attorneys, Lynnwood DUI attorneys, Mukilteo DUI attorneys, Bothell DUI Attorneys, or Anacortes DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com

No comments:

Post a Comment