I won a case a few months ago where the officer did not testify to any odor of an alcoholic beverage on my client's breath. This was I think the first time that had happened. I am in front of the same judge a couple weeks ago and the same thing happens. Now I knew I was going to win the case based on the field sobriety, realized I had no idea the officer would omit this. The prosecutor realized it and tried to get him to say it by re-asking questions that were already answered so my objections were sustained.