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Can A Breath Test Result Be Thrown Out?

It has been my experience that often people take a breath test for one of three reasons: (1) They want to comply with the police officer, (2) they are unaware of their rights, (3) they believe they have no choice but to take the test. Fortunately, a breath test result can be thrown out under certain circumstances. It makes hiring an attorney all the more important if you want to avoid the mandatory jail time associated with a first offense.

Ohio has three different type of breath testing machines that can be used in court. The machines all have issues specific to them that need to be raised, and challenged, at hearing in order to have the test thrown out. There are also procedural issues leading up to the breath test that need to be challenged. If the police officer should not have arrested you, for example, they cannot force you to take a breath test.

If you would like to learn more about how we can help beat your breath test give us a call at (330) 752-6706. Ask to speak to me, Joseph Patituce, I am a DUI Attorney in Akron and if I agree to take your matter on I promise that you will be treated with the respect and dignity that you deserve. The call is confidential.

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