Philip Lorenzo Gallagher v. Director of Revenue

ROBERT G. DOWD, JR., Presiding Judge

The Director of Revenue appeals from the judgment of the trial court reinstating the driving privileges of Philip Gallagher, which were suspended after his arrest for driving while intoxicated. The Director argues that the trial court erred in excluding from evidence the breath sample results showing Gallagher’s blood alcohol content (“BAC”) was over the legal limit. We agree, and therefore reverse and remand. 1

Gallagher was arrested for driving while intoxicated after a traffic stop, during which he performed poorly on field sobriety tests, displayed some…