Recently, attorney Alexandra Mateus won a DMV Administrative Per Se hearing for a client alleged to have been driving a motor vehicle with a BAC of .131/.129! At the DMV hearing, we argued that the DMV had failed to sustain its burden of proving that the chemical test was conducted within three hours of the defendant driving. Therefore, the DMV was unable to prove that the defendant was driving with a BAC of 0.08 or greater! Our client can now obtain his driver’s license without a suspension!
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