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Home / Opinion Digests / Criminal Law / Breathalzyer Case Remanded for Burping Driver (access required)

Breathalzyer Case Remanded for Burping Driver (access required)

The trial court erred in failing to determine if defendant’s burping made him physically unable to take a breathalyzer test; a remand is required to determine if defendant’s jury trial conviction for second offense DUI in 10 years can stand, the Court of Appeals says. A university police officer stopped defendant at 1:22 am for ...

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