According to the police, the Defendant was driving at a high rate of speed in the turn lane, approaching them from behind. The Defendant never turned and the officer had to take evasive action to avoid a collision. The officer conducted a traffic stop and noticed signs of impairment. He asked the Defendant to perform roadside exercises and he did poorly on each. He was arrested, but refused to submit to a test of his breath. If he had been convicted of the DUI, it would have carried mandatory jail time because it was a second offense within 5 years. If he had been convicted of either the DUI or the DWLS, he would be declared a habitual traffic offender and lost his license for 5 years. The attorney prepared the case for trial. On the day of trial, both the DUI and the DWLS were dropped. The defendant is able to drive and was not required to serve any time in jail.
DUI & Criminal Division
