Our client was a passenger in a car that was in an apartment complex known for drug use. The passenger in the car (our client) ran out of the car into an apartment and then returned to the car minutes later. The car exited the complex and failed to stop at the stop sign and without using a turn signal. The police stopped the vehicle for the stop sign violation and for failing to use a turn signal. The driver and passenger (our client) were acting nervous, so both were removed from the car. Both occupants denied that drugs were in the car. A K-9 officer was called to the scene. According to our client, the K-9 took 45 minutes to arrive. This was verified by the CAD report. Upon arrival, the K-9 alerted, and drugs and paraphernalia (needle, spoon, pill box and Xanex) were fund. Our client admitted to possessing them. Ticket Clinic lawyers requested certification credentials for the K-9 (dog) which indicated that the dog was trained for certain drug detection, but not pills. We then argued that this fact, combined with the prolonged detention showed evidence of an improper search and detention. The State Attorney agreed and chose not to file the felony case. Our client was also on probation at the time of this arrest. Because we were able to get the new charged from being filed, the violation of probation was dropped as well (the initial offer was 3 years in prison for the violation of probation alone).
DUI & Criminal Division
