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How Progressive Snapshot Helped Win DUI Case

A recent case in Boone County, Kentucky may help better understand what might be involved in winning a DUI case.  In the specific case at hand, my client blew a .14 breathalyzer after being arrested on suspicion of DUI.  The client had been involved in an accident and the officer noted the time as 2:30.  She was given field sobriety tests, which she did remarkably well.  She was taken to the station and given the breathalyzer at about 3:45 a.m. Kentucky law mandates that a breathalyzer be giving within 2 hours of operation of the motor vehicle.  Further investigation revealed that the officer listed the time of the accident based on the time of the 911 call for assistance.  The client had mentioned that she had hit her head and though she may have been out for some time prior to calling 911. Further discussion revealed that the client had the Progressive Snapshot installed on her vehicle.  She called Progressive and had them send a printout/email to her of the accident.  The snapshot records the vehicle's speed, braking and other information, but in this case, most importantly, the time of the accident.  The time showed that the accident was just after 1:00 a.m., nearly 3 hours prior to the breathalyzer examination. As such, the breathalyzer was inadmissible in the court to show a prohibitive Blood Alcohol Level.  Without the BAC, the prosecution was left with only the field sobriety tests to prosecute the DUI.   Since the client did well on the field tests, the prosecution agreed to dismiss the DUI in favor of a reckless driving charge and recommended a minimum $25 fine. This is the first time that I have used the Progressive Snapshot to aid in a case.  I would imagine that often it would better serve the prosecution in determining reckless or careless driving by showing speed and hard braking.  That said, there are often new and imaginative ways to beat a DUI charge in Kentucky. If you have been charged with DUI in Cincinnati or Northern Kentucky, call Michael Bouldin at 859-581-6453 (581-MIKE) or email at mike@nky-criminal-defense-lawyer.com

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