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Breath Test Evidence Can Be Excluded But Not Eaten

Posted by Kevin Trombold DUI Defense Attorney | Nov 16, 2014 | 0 Comments

Breath Test Tickets Are Not Edible

Our firm promotes behaviors and precautions which are designed to minimize the odds of Washington residents being convicted of driving under the influence (DUI). These measures run the gamut from making preparations before you begin consuming alcohol to knowing your rights in the event you are ever detained or arrested on DUI charges.

However, our firm does not recommend the course of action taken by a man who was pulled over in New York earlier this month.

According to MyFoxNY, a 40-year old Connecticut man was driving on Interstate 95 in the early morning hours of Sunday, November 2nd when he was pulled over by New York State Police. Kenneth Desormes was then transported to a NYSP barracks in Tarrytown and given an alcohol breath test. His breath alcohol level was reported to be .13, which is over the legal limit in New York.

But while the test results were printing out from the machine, Desormes allegedly grabbed the paper, tore it off the printer, and attempted to eat it. For one thing, this act represented a clear attempt to destroy evidence. For another, it's about as effective at getting rid of evidence as pulling a document from a computer printer and shredding it; in both cases, the information is still stored on the machine and can be reproduced easily.

If you are arrested for DUI in Washington, your best move is to engage the services of a qualified DUI defense attorney, who can then determine if there were any errors in breath test administration or violations of statutes or your constitutional rights by law enforcement. But don't try to consume paperwork - it could be an additional crime, possibly Obstruction of Justice.  Plus, it won't help your case at all and your mother would yell at you that you could choke!

About the Author

Kevin Trombold DUI Defense Attorney

Highly rated by former clients, who praise his warm, knowledgeable courtside manner and his fierce determination to reduce or eliminate charges. An accomplished speaker, author, and leader in DUI defense statewide Kevin is well respected by judges, prosecutors, and other attorneys across the State of Washington for his expertise, integrity, and knowledge in the complicated forensic science area of impaired driving allegations.


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