The Client was involved in a serious accident where he received a gash to his head and his passenger a broken arm. The Client admitted to drinking and driving and smoking marijuana, when questioned by law enforcement at the hospital. The officer then requested a blood sample from the Client. The Client initially refused but the officer threatened him with an arrest if he didn’t comply and a year and a half of license suspension. The blood draw showed the Client was over three times the legal limit The Firm investigated the case and discovered that the blood draw was requested improperly and coerced. The State would not agree so the Firm argued a motion to suppress with the court. During the hearing it was discovered that the Officer had “mishandled” a key portion of audio recording that was at issue in the case and as a result the recording was unavailable. The Court agreed with The Firm and suppressed the blood draw. The State then agreed to dismiss the DUI.
DUI & Criminal Division
