15 minute observation rule
I have cell-phone records showing that I was using my cell phone (outside the county building in the garage) from 4:35pm to 4:38pm. After I finished the call, the officer took me into the county building for the BAC test. I asked if I could use the restroom, he said no, and imediatley asked me to blow into the tube (twice) I did not see nor was I told the result. I was allowed to use restroom. When I received the police report 2 weeks later, the BAC DataMaster ticket said I took the test at 4:32 pm -- Not Possible. even if the officer entered the wrong time, I couldn't have been observed for 15 minutes.
1 Answer from Attorneys
Re: 15 minute observation rule
The issue you have raised regarding the "15 Minute Rule" is very important. A good attorney would also request the preservation of any video tape that may exist of the breath testing. The result may result in the suppression of the test results. That does not mean that the case will necessarily be dismissed. Feel free to call and schedule an appointment. Defending drinking drivers is one of my areas of concentration
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