Shortly after, he enlisted Attorney Charles Ramsay to represent him throughout the subsequent criminal trial. Upon investigation, Ramsay noticed several inconsistencies with the aforementioned breath test evidence. His suspicions were then confirmed when he presented the case to forensic scientist, Thomas Burr. When the case was taken to court, however, the prosecution presented a different theory. According to the testimony of Mr. Edin, the forensic scientist called upon by the state, “the breath volumes indicated on the test record were ‘abnormally high’ for an individual of the Defendant’s size,” but it should not have had an impact on the corresponding alcohol concentration that was recorded.
Although Mr. Burr agreed with the idea that the breath volumes were unusually high—as they were significantly above the average of 4 liters for a 40 year old smoker—he did not agree with the statement that this would not, in turn, affect the alcohol concentration reading. Instead, he argued that both mechanisms must operate properly for the Breathalyzer machine to produce an accurate result. He did not have the chance to examine the machine that had been used the night of the defendant’s arrest, but his opinion remained that there was either a software or hardware problem with the Intoxilyzer 5000—which had not been calibrated in 28 months. Based on these findings, the Judge decided to suppress the breath test evidence on November 28, 2012.
Attorney Charles Ramsay was pleased with the Judge’s decision to throw out the evidence, as this was a critical component in the prosecution’
Ramsay Law Firm, PLLC is a highly experienced DWI defense firm that has been working to protect the rights of the criminally accused for more than 15 years in Minneapolis, MN. They are well-equipped to represent a number of different cases, including those that involve a first time DWI, an underage DWI or even a DWI with injury. For this reason, you should not hesitate to get in the touch with a lawyer at the firm if you have recently been arrested in the area. They are available by phone 24 hours a day when you call at (888) 266-4940.