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Computer Consultant Beats License Suspension on Two DUI’s with .111%

Case Con­clu­sion Date: March 8, 2011

Out­come: License sus­pen­sion dismissed

Court: Office of State Admin­is­tra­tive Hearings

Actual Court Judg­ment: Actual Court Judgment-Computer Con­sul­tant Wins DUI License Sus­pen­sion Hearing

Descrip­tion

Lance is a highly trained com­puter con­sul­tant. He’s dri­ving his BMW home with his wife. A police offi­cer gets behind him and fol­lows him for about five miles. Then he’s pulled over for Fail­ure to main­tain lane. He ends up doing field sobri­ety tests, fail­ing them, and gets arrested for DUI. At the sta­tion he blows a .111% on the Intox­i­lyzer 5000. He now gets charged with two DUI’s. He’s shocked because he knows he wasn’t a drunk dri­ver. He needs his license to make a liv­ing and sup­port his fam­ily. We chal­lenge the license sus­pen­sion. We bring a cer­ti­fied court reporter to make a solid record to use later on at the crim­i­nal case. At the hear­ing, I cross-examine the cop. One thing leads to another and the offi­cer didn’t sat­isfy the bur­den of proof for the Admin­is­tra­tive Law Judge. The sus­pen­sion is denied. Lance walks away and dri­ves while his DUI charges are pend­ing in the State Court of Chatham County.