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2022-CT***8 – DUI Charge Dismissed

The Facts

Case #: 2022-CT***8 – DUI Charge Dismissed

Charges

The Results

Our client was arrested and charged by the police on Count 1-DUI, Count 2- DUI with property damage. Upon receipt of the case, our attorney maintained contact with the client, reviewed the facts. Our client complied with Field Sobriety Exercises as requested by the Officer, based on the Officer's opinion our client was placed under arrest.The affidavit detailed the odor of alcohol, glossy eyes and slurred speech, as well as not being able to stand straight or stop swaying. The body camera video showed the exact opposite, speaking English with a Portuguese accent, no glossy eyes and our client stood straight with no swaying. The request to perform roadside sobriety exercises was not a reasonable inquiry given the objective circumstances known to the officer at the time of the investigation. As a result, our attorney filed a Motion to Suppress which ultimately both counts were dismissed.