Case #: 2016######6
Client was called to a crash scene by his son. The son had driven his car into a ditch. Client drove to the scene to check on the welfare of his son. Upon scene an officer alleged he saw client drive up to the crash scene and noted signs of impairment after client exited his car. The officer instructed client to perform exercises and claimed client performed poorly. The officer arrested client and claimed our client refused a breath test. This was Client's second arrest for DUI in his lifetime.
Once counsel was hired, it was determined client had significant physical injuries which would cause the exercises to be unreliable to determine impairment by alcohol. Additionally, it was determined client did not actually refuse the breath test, but simply requested an attorney before doing any other tests. Lastly it was determined the video was compromised as there was no audio, and the arresting officer's report was in conflict with the jail deputies report of the appearance of the client. Shortly before trial, the State Attorney agreed to amend the charges to a Reckless Driving. Agreed to drop the DUI charge.