for allegedly operating his vehicle in a parking lot at 2:00 AM in the
City of Berlin. The officer never saw the vehicle in motion, but did
claim to see exhaust and hear its engine. Jason left his truck and
walked past the cruiser and was leaving on foot when the officer ordered
him to stop. The officer then ordered Jason to perform standardized
field sobriety tests. Jason was alleged to have failed the FST and was
placed under arrest for a DWI 2nd. He was facing mandatory jail and a 3 year loss of license.
trial the basis of the stop was challenged and the order to perform the
FSTs. The court granted the suppression of the FST and as a result the
case was dismissed. Jason M. was found not guilty of the DWI 2nd.
L. and Attorney Harden appeared for an ALS on 2-24-12. The arresting
trooper and breath test operator also appeared. The trooper testified
at length about Williams’s performance on the FSTs, and observations of
William. The trooper failed to introduce foundational documents to
substantiate a breath test. The DMV requires that a breath test be
conducted with a certified machine. The state’s failure means that
William’s license suspension was rescinded. He won his ALS hearing by
challenging the State’s evidence with the assistance of Attorney Harden.