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2014-XX-XX06 NO CONVICTION AS CHARGED

The Facts

Case #: 2014-XX-XX06 NO CONVICTION AS CHARGED

Charges

The Results

Client was asleep in the middle of an intersection on a busy road. A civilian notice that the vehicle did not move after the light cycled from green to red 4 times. The civilian called 911. Paramedics responded and notice the driver was asleep and the vehicle was running and in gear. The paramedics reached in, placed the vehicle in park and removed the keys. They placed the keys on the roof of the car and began to check the driver’s vitals. Officers showed up shortly after and began a DUI investigation based on all the circumstances including the driver smelling of alcohol, acting slow and lethargic, not knowing where he was, and asleep at the wheel. The driver was arrested after performing poorly on the field sobriety exercises. A search of his person revealed cannabis in his pocket. He was taken to jail where he provided a breath sample showing he was under the influence of alcohol and a urine sample showing he was under the influence of Xanax. Our firm filed 2 motions. The first motion was to exclude all statements because the driver was not read his rights. That motion was granted and all statements were thrown out. The second motion was to dismiss the case because the officer never saw the driver in control of the vehicle since the keys were on the roof when he arrived. The State dismissed all charges after reading and researching our second motion.