Successful appeal of a conviction for driving over .08. Acquittal substituted. Appellate Justice found that trial judge erred in finding that the officer had reasonable grounds to arrest client for impaired driving based on the admission of consumption of 2-3 beers, driving with no headlights in a well lit area, and other minor equivocal indicia. Seizure of breath samples unreasonable and breath readings were excluded due to serious violation of client’s rights.
July 2, 2010