The Client was stopped for speeding, and upon making contact with her, a deputy believed that she may be impaired by alcohol. The Deputy requested she perform field sobriety exercises, which she did, but allegedly performed poorly on. Subsequently she was arrested and taken to the Breath Alcohol Testing facility where she gave a breath sample almost three times the legal limit. The Firm investigated the case and discovered that the video, which was supposed to capture the Client’s allegedly poor sobriety exercises, was obstructed by the fact that the Deputy had such a dirty windshield. As a result only a faint outline of the Client simply standing still could be seen. In addition, the Deputy took almost two hours two get her to the Breath Alcohol Testing facility. The Firm argued that this caused her to breath sample reading to increase to the level that was given. Overall the Firm argued that a poor investigation, combined with the inefficiency with which law enforcement processed the Client, gave cause for the DUI to be dismissed. The State agreed and dismissed the DUI.
DUI & Criminal Division
