Sample Case #3

AB was stopped by the Village Police Department and arrested for DUI, scoring greater than .10% on the 5000 test. The case was filed in Oklahoma County District Court as a misdemeanor DUI and his license was ordered revoked.

Our firm discovered that the officer had a video camera and recorder in this car at the time of the arrest, something that is NOT a usual event in this state. We obtained (though they did not want to release it) a copy of this tape from the police department. The tape showed that the alleged "failed" tests and the "drunk" the officer described did not occur. Further, the tape showed that the officer continued to transmit to the car via a remote microphone throughout the use of the 5000 machine in our client's test. The DPS refused to restore his license to him. We appealed to the District Court.

By using a little known and obscure Rule of the Board of Tests prohibiting a microphone within 25 feet of the machine during testing, we showed the Judge on appeal that the officer had failed to comply with the proper administration of the test. The court reversed the DPS and ordered our client's license restored.