Our client was radared going 85 in a 45 mph zone and unable to maintain a single lane. According to the Police Report the officer smelled the odor of alcohol on our clients breath, he had bloodshot glassy eyes, and slurred speech. Also according to the police report, when the officer asked our client to get out of the vehicle so that he could serve the traffic tickets on him , the client stumbled upon exiting and swayed while standing. However the video and audio from the dash cam tell a different story. Our client performed the field sobriety exercises with only some minor mistakes, all easily explained by a knee injury our client preemptively told the officer would cause him problems. The video and audio on the dash cam showed our client to speak with no slur, and standing with no sway. Our firm reviewed all the States evidence and prepared for trial. After pointing out the serious inconsistencies with the officer’s Police report and our clients actual performance on the video, and providing significant mitigation for our client the State dismissed the DUI charge the day of trial.
DUI & Criminal Division
