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State v. T.M. – .13 breath test

T.M. was leaving a NASCAR race and a state trooper initiated conversation with T.M. as he directed traffic. The trooper smelled alcohol and asked T.M. to get out of his car to perform field sobriety evaluations. T.M. complied and the officer administered the Horizontal Gaze Nystagmus test on T.M.'s eyes. Mr. Ryczek convinced the judge to exclude the HGN evidence from T.M.'s trial, because trooper improperly conducted the test. At trial, Mr. Ryczek showed the jury that the machine registered an invalid sample ten minutes before T.M.'s .13 result. The trooper was supposed to wait 20 minutes before retesting T.M., but the trooper failed to follow procedure. On the second day of trial, the prosecutor dismissed T.M.'s DUI and he entered a guilty plea to Reckless Driving.