STATE v. B.B. (State Court of Carroll County)

This gentleman was followed from the bar. The officer followed him almost all the way across Carrollton before initiating the traffic stop. On cross-examination, we elicited testimony about all the good driving, good behavior, and good performance on the field sobriety tests that the officer did not mention during his direct testimony. This arrest occurred before July 1, 2001, and the breath test results were .096 and .102. We introduced expert testimony about the effect of our client’s use of an albuterol inhaler on breath test results as well as the testimony of the three passengers in his car. He was found not guilty of DUI (and failure to maintain lane).