Nancy Kerrigan's brother claims consuming cough syrup caused failed breathalyzer test results in violation of pretrial conditions

February 15, 2011, by

Nancy Kerrigan's brother, Mark Kerrigan, had his bail of $ 25, 000 revoked as he was alleged to have failed four breathalyzer tests with reading below the legal limit. The breathalyzer test reading ranged from .025 to .036. Kerrigan had his bail revoked because the court found that he violated the terms of his pretrial release by not remaining alcohol free. The defendant claimed that the failed breathalyzer test results were the result of taking cough syrup.

With readings at such a low level of .025 and .036, Kerrigan's claim could be correct that he failed the breathalyzer test as a result of consuming cough syrup. To prove this claim Kerrigan will present testimony that he was sick at the time of the breathalyzer test results. According to Denise Lavoie's Article for the Associated Press, the judge may reconsider his decision if Kerrigan Massachusetts DUI lawyer can prove that the defendant was sick, requiring him to take cold medication.

Kerrigan Massachusetts OUI attorney plans to test the cough syrup for its alcohol content and to present the result to the court along with an affidavit from her client stating that he did not consume alcohol.

Attorney DelSignore's drunk driving defense practice encompasses courts throughout Massachusetts. With offices in Attleboro, Stoughton and Westborough, you can meet Attorney DelSignore anytime at a convenient location throughout Massachusetts. Call 781-686-5924 for a free consultation.