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State v. S.F. – .214 breath test-Not Guilty

S.F. was involved in a fender bender in the parking lot of a local restaurant.  Upon arriving, at the scene the investigating officer noticed that S.F. was extremely unsteady on his feet, and he “just plopped down” saying, “I'm sitting down now.”  S.F. refused field sobriety evaluations, and the officer arrested S.F. for DUI.  At the station S.F. registered .214 on the breath test.  At trial, Mr. Ryczek argued that the State failed to prove beyond a reasonable doubt that S.F. did not drink alcohol after the accident.  The judge found S.F. not guilty.