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Utah

Court of Appeals of Utah
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American Fork City v. Barbour — Nail-Biting During Baker Observation Period Required Clock Reset, Making Trial Counsel Ineffective for Not Moving to Suppress Breath Test

The Utah Court of Appeals vacated a DUI conviction and remanded for a new trial, holding that trial counsel was constitutionally ineffective for failing to move to suppress a breath test after bodycam footage showed the defendant biting his fingernails continuously for over two minutes during the Baker pre-test observation period — a question of first impression establishing that fingernail contact constitutes introduction of a foreign object requiring the Baker clock to restart.

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