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Big Breasts a Defense in a DUI Case?

As a DUI defense lawyer I have argued numerous different defenses regarding standardized field sobriety testing. I have not however argued this new "big breasts" defense a lady recently argued during her DUI investigation, which led to her being arrested on the evening of January 29, 2012.

49 year old, Maureen Raymond of Port St. Lucie, claimed that her large breasts hindered her ability to perform field sobriety tests when she was arrested for DUI. According to the reports, she actually started to dance and disrobe during the drunk driving investigation. When asked by a Martin County Sheriff's deputy whether she could follow his instructions for the tests, she replied, "hell no not with these . . . not with her big boobies."

Apparently, she ended up not providing a legitimate breath sample.

The NHTSA manual does state that physical complications like back problems can indeed effect the results of field sobriety testing. However, the manual doesn't say anything specifically about large breasts. I wonder if her DUI defense attorney will argue the issue at future court hearings!

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