The Client was involved in an accident where he was at fault for pulling out in front of another vehicle. Once law enforcement arrived on scene they believed that the Client was impaired and conducted a DUI investigation. During said investigation, the Client made some mistakes on the sobriety exercises and then admitted to drinking and smoking marijuana. The Client was arrested and then gave both a breath and a urine sample. The breath sample showed that the Client was slightly under the .08 limit, however the urine sample showed that the Client had marijuana in his system, which confirmed his previous admission. The Firm began work on the case and soon discovered that the mistakes the Client made on the sobriety exercises were the result of a rookie officer doing a DUI investigation for what had to be his first time ever. In addition, when the Officer asked for the Urine sample from the Client he stated that the purpose for said sample was to determine the Client’s alcohol level, which was incorrect and resulted in the Court suppressing said evidence when the Firm filed a motion to suppress. Lastly there was the issue of the Client’s admission to smoking marijuana, however the Firm used a motion in limine to exclude said statement because there was no other evidence that the Client was under the influence of a controlled substance, except his own statement. Once all the evidence was almost excluded the State then agreed to dismiss the DUI.
DUI & Criminal Division
