People v. CJ

- The Defendant was charged with a second DUI within 2 years involving a BAC of .114. The Defendant faced a lengthy driver’s license revocation, resentencing on his first DUI case, where supervision was still pending, and jail, if convicted. Salvatore C. Miglore raised several points regarding field sobriety testing, the portable breath test (PBT), and a Motion to Bar the Breath test due to the breath test equipment in question not being properly certified accurate, as required by law, after an investigation. The Motion to Bar was granted by the court and accordingly, all testimony and evidence regarding the result of the .114 breath test was barred from evidence at trial. However, several other counts remained. Thereafter, the State agreed to amend the DUI count to a reckless driving, a Class A Misdemeanor, and saved the Defendant’s driving privileges. All of the other remaining counts were dismissed. The Defendant received 2 years probation, plus 60 days work release. Moreover, the State agreed not to violate the Defendant’s supervision; and thus, his driving privileges remained in tact, and no additional punishment was ordered for the violation of supervision.