Breath Test Ruled Inadmissible

Prior results do not guarantee a similar outcome.

John Ingrassia recently won an order suppressing a chemical breath test result due to the fact that arresting officer advised the accused that if he refused to submit to a chemical test of his breath for alcohol content determination that he would be seen by a Judge and sent to the county jail. If, however, he consented to a breath sample then he would be released with an appearance ticket to appear in court on a future date.

Mr. Ingrassia successfully argued to the court that such a statement amounted to coercive conduct and undermined his client's ability to make a voluntary choice of whether he would voluntarily submit to a breath test or refuse and then deal with the consequences of refusing to submit to a breath test.

As a result of the ruling, the District Attorney's Office was precluded from offering the chemical test result into evidence.