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Where can I get a copy of a breathalyzer test when the court says there is no record?
Anonymous3 views5 answers
When I was 16 I was charged and convicted of DWI. I am now 24 and trying to get my license for my job. I was told I needed to take DWI driving classes. The instructor will not allow me to take classes without a copy of the breathalyzer test. I have been to the courthouse, they are saying there is no record for me. I have contacted the DMV (which put a block on my ability to get a drivers license) and all they can say is that the number was at or above .08 but not over .15. I have told the instructor that noone has record of it and he WILL NOT let me take the classes without it. I have been to my lawyer, who also has no record (he cannot find them). I NEED my license.
SoundS like you are having a tough time getting this resolved. The only advice to offer s to try another attorney, experienced in DWI Defense. Go to www.ncdd.com to find the best in your area. Good luck!
Back around 2002 I was involved in some litigation in North Carolina as an expert witness regarding the state's breath test program and the existence of certain breath test records which were stored by the breath test machine internally. Whether the records related to your particular still exist due to the age of the event, I can't say. Oklahoma downloaded and stored all of that data around that time, and unless the NC developed a program to store all the tests based upon that litigation, the test record is unlikely to exist.
If you were represented by counsel in your case, I would suggest contacting that lawyer to see whether your case file still exists and whether they still have a copy of the record. If you still can't find it, I would next suggest you contact a new lawyer who has experience with the type of records mentioned above to explore their availablity. Finally, I would suggest that you, or the new lawyer, contact the court where you were convicted and see if the case file is available. There may be a copy of the test within it as part of the formal charge.
Good luck to you.
The problem may be you were a juvenile at the time and juvenile records are treated differently than adult records, inasmuch as they are destroyed. Have you talked with arresting agency?
First, a 16 year old is NOT a juvenile in NC for criminal purposes. Go to the clerk of court in the county where the citation was written and get a letter stating that the record has been destroyed. If the assessing agency won't accept that, you may want to try a different assessing agency. You may contact me for the information on an agency in Durham that will accept such a letter.
