Failed Breath Test but Found Not Guilty!
May 2019
Cop saw client cross marked lines 5 times and wrote he had bloodshot eyes, slurred speech and a strong odor of alcohol. Bert also told the officer he had his last drink 1 hour before the stop and was arrested after doing field sobriety tests. At the barracks he took the breathalyzer test and failed it. At trial, attorney Dunn argued he was able to produce both documents without issue showing nothing wrong with his fine motor skills and he exited the car perfectly normally and walked perfectly normally creating the necessary reasonable doubt. Judge found him not guilty. He was also found not responsible of the other two charges.
Practice area(s): DUI / DWI
Court: Natick / Framingham