Tough Times Call For Tough Representation

Photo of Gary S. Bernstein

One-eyed observation

On Behalf of | Dec 11, 2009 | DUI |

Since the top of my head flew off, it has taken me a full week to reattach it.  Last week I had the typical 20 minute violation.  The client credibly testified (the ALJ actually said he believed all his testimony), as to how the breath technician was off to his right setting up the machine.  The client could see his profile and one of his eyes.  The ALJ (I can feel my head starting to come off as I type this), said that since my client could see one of his eyes, then the breath technician could be watching him with that eye while using the other to set up the machine.  When we say that there are some ALJs that you can never win with, this is the proof.