Sample Case #11

K.S., a preacher, was arrested for DUI in Oklahoma City and taken to the jail for a breath test. His reading was considerably over the legal limit of .10%. Because of his position, he did not want this matter taken to jury trial, so we negotiated the criminal charge to a reduction to a speeding ticket. The DPS revoked his license. We convinced him that he MUST fight them over this and we appealed the revocation of license. We were going to show that the test was inadmissible.

At the trial of the appeal, C. Jeffrey Sifers, Mr. Sifers' son and legal assistant/expert witness, introduced evidence of the computer records of the particular Intoxilyzer 5000 upon which K.S. was tested. Jeff had, at that time, complied more that 70,000 breath test records from all over the state, affecting each machine that the State of Oklahoma owns. The maintenance on this machine had NOT been properly done, in that, at least three (3) had NOT been put on the logs. K.S.'s test was indicated on the written logs as the 25th test, the LAST test that can be done before a NEW maintenance cycle is started. However, Jeff's records showed K.S.'s are the 28th test on that maintenance cycle!! The judge dismissed the case and restored K.S.'s license.