Phoenix, AZ. March 8, 2010 – Arizona DUI lawyers David Michael Cantor’s office was able to get the breath alcohol readings suppressed in the case of State v. Norton. The Downtown Justice Court suppressed Norton’s breath alcohol readings of .136 and .125.
Norton was arrested for an alleged DUI and asked to speak with an attorney in private. An associate for Arizona criminal attorney Cantor was able to provide evidence that when Norton was placed in a private phone room he nervously chewed on several fingernails. The officer, who placed Norton in the phone room, claimed he “watched Norton the entire time” in order to perform a “deprivation period” prior to the breath test. The “deprivation period” requires that the suspect does not ingest anything or regurgitate prior to a breath test. The State’s expert stated that anything—including fingers in the mouth – violates the required deprivation period.
“The officer failed to properly perform a ‘deprivation period’,” said Arizona criminal attorney David Michael Cantor. “Due to this fact, we were able to get the reading suppressed and a non-DUI plea for our client.”
As a result of the evidence provided by Arizona criminal attorney Cantor’s associate, the judge suppressed the readings and this resulted in a non-DUI plea being offered to Norton.
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