Cotten Law Firm, PLLC charges reasonable, small firm fees to aggressively defend your North Carolina criminal case with results-driven, big firm strategies.
Proven Results
Over 5,000 5-star reviews on Google
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“He handled my speeding ticket quickly and professionally, and the outcome was far better than I expected. He was able to reduce my charge and ensured that no insurance points were assessed, which gave me tremendous peace of mind.- Bahareh S.
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“The process was smooth, and the communication was clear and professional, explaining the outcome and payment steps thoroughly. I highly recommend Jeremy Cotten for his low-cost, high-value service. I couldn't be happier with the result!”- Kay H.
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“All I had to do was let Mr. Jeremy work his magic and when I say he GETS IT DONE, trust me… HE GETS IT DONE! THE BEST”- Former Client
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“If you need a legal team that is knowledgeable, trustworthy, and results driven, I highly recommend Cotten Law. I’ll definitely be spreading the word to family and friends. Thank you again for your outstanding service!”- Emmanuel U.
Defenses To A Failed Breath Test
If you were pulled over for suspected driving while impaired (DWI) in North Carolina, you may have been given a breathalyzer test to determine your blood alcohol concentration (BAC). If you failed this test and were arrested for a DWI, you probably think that your case is over. However, this is not the case: you can challenge your test.
What Is A Breathalyzer Test?
A police officer may administer a breathalyzer test (either a portable one at the scene of the suspected DWI or at the police station shortly thereafter) to someone suspected of impaired driving. A breathalyzer is a device that estimates the BAC in your body by measuring the amount of alcohol on your breath. If the result is a BAC over the legal limit in North Carolina, the officer will likely arrest you for a DWI and take you down to the police station.
Failed breathalyzer results are a major factor in determining the outcome of your DWI case. Even though the results of a breathalyzer test can be used against you in court, neither the breathalyzer machine nor the officer administering the test is 100% reliable.
What does this mean for you? You can challenge your breathalyzer test results.
Potential Defenses To A Failed Breath Test
An experienced North Carolina criminal defense attorney, I will review the facts of each failed breath test case to determine how the test was administered and analyzed. Specifically, I will look for the following errors, among others, that can be used as a defense to a failed test:
Administrative errors:
- Did the officer use a device approved by the state?
- Did the officer properly administer the test to you?
- Was the testing device properly maintained and calibrated and was it functioning correctly when used?
- Was the officer who administered the test properly trained and certified as to how to administer it?
- Were you properly informed by the officer that you had the right to refuse the test?
Errors in the results – the following factors might produce false positives:
- Do you have a medical condition, such as diabetes or hyperglycemia, that could affect the results?
- Do you follow a low-carb/high-protein or ketogenic diet?
- Did you smoke a cigarette or use mouthwash before the test was administered?
- Did you vomit, burp, eat, or drink shortly before taking the test?
- Do you have acid reflux?
- Do you take certain medications (such as some used to treat allergies, Crohn’s disease, asthma and others)?
If any of the above administrative errors or factors that could affect the validity of the breathalyzer results are present, the results of your failed breath test could be inadmissible in court.
Contact A North Carolina Criminal Defense Attorney Today
A failed breath test does not automatically mean a conviction. If you’ve been charged with a DWI in North Carolina, call me at (984) 253-4337. I have served hundreds of clients through Wake, Johnston, Harnett, Orange, Lee and Chatham counties and I’m ready to meet with you to discuss your case.
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Proven SuccessTraffic TicketsPaying a traffic ticket is essentially admitting guilt, which can raise your insurance, add points to your record, or suspend your license. Cotten Law Firm's Raleigh traffic ticket lawyer fights to get your penalties minimized or dismissed, with fees starting as low as $95.
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Justice For YouDWI DefenseA DWI charge in North Carolina carries serious consequences you shouldn't face alone. Cotten Law Firm handles the full range of impaired-driving cases and builds a defense focused on protecting your rights and your license, call for a free consultation.
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Start Your DefenseCriminal DefenseFacing criminal charges in North Carolina? Cotten Law Firm provides aggressive, one-on-one defense at affordable rates, backed by attorney Jeremy Cotten's experience with tens of thousands of cases.
