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State v. E.R. – .171 breath test

E.R. was coming home from Athens early one morning. He was pulled over for speeding, and the officer noticed a strong odor of alcohol on his breath. He performed fairly well on the field sobriety tests for his alcohol level. In his investigation, Mr. Ryczek discovered that the State Patrol failed to properly inspect the breathalyzer machine and it should have been taken out of service. Mr. Ryczek convinced the judge to suppress the breath test, and E.R. entered a guilty plea to Reckless Driving.