Prior results do not guarantee a similar outcome.
John Ingrassia recently won an order suppressing a chemical breath test result due to the fact that arresting officer advised the accused that if he refused to submit to a chemical test of his breath for alcohol content determination that he would be seen by a Judge and sent to the county jail. If, however, he consented to a breath sample then he would be released with an appearance ticket to appear in court on a future date.
Mr. Ingrassia successfully argued to the court that such a statement amounted to coercive conduct and undermined his client’s ability to make a voluntary choice of whether he would voluntarily submit to a breath test or refuse and then deal with the consequences of refusing to submit to a breath test.
As a result of the ruling, the District Attorney’s Office was precluded from offering the chemical test result into evidence.
Attorney John Ingrassia was able to get breath test results dismissed on the grounds that the officer coerced the client into taking the test. This article is brought to you by Larkin, Ingrassia & Tepermayster, LLP.