Facts: CZ left a restaurant after having dinner with his wife. The two had consumed wine with their meal and each left in separate cars. On the way home a rolling counterattack roadblock had been set up by the police. CZ’s spouse vehicle was not stopped but CZ was stopped by the police. CZ admitted consumption and smelled of alcohol. CZ provided TWO samples of breath into TWO separate ASD devices and BOTH breath readings indicated FAIL (over 100 mg%) on those devices. Decision: “Mr. Butler indicated that there is an absence of evidence that the ASDs were properly serviced or calibrated at the time of your ASD tests, and I concur. Accordingly, I cannot be satisfied that the ASDs were reliable.” Driving prohibition revoked, no fine imposed, all towing and impound fees paid by the SMV. (March 2013)
