In the News

Monday, July 30, 2007
Robin Mahal Successfully Suppressed a .23 BAC Test Result
Nichols Law :: 9:35 AM :: 301 Views
 

Robin Mahal successfully suppressed a 0.23 B.A.C. (breath alcohol content) test result.  She relied on the datamaster manual and an expert witness to introduce evidence that the datamaster test results were not reliable.  She introduced evidence that the datamaster was not stable based on the test results of the simulations and on the client’s test results themselves.  She also used the procedures and rules stated in the datamaster manual to argue that the test results were not reliable.  The expert witness testified that the test results were "out of control" and the datamaster should have been taken out of use until it was repaired.  The Judge ruled that the test results were not reliable and therefore were suppressed.

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