The Client was stopped because his vehicle was swerving all over the roadway and almost struck a light pole. Once he was stopped the Officer noticed the odor of an alcoholic beverage and that the Client seemed extremely impaired. After performing poorly on the sobriety exercises, the Client was arrested and taken to jail. Once at the jail the client provided a breath sample that was three times over the legal limit. The Firm began investigating the case and working with the State Attorney’s office on getting rid of the DUI charge. The State would not agree to dismiss the Client’s DUI charge,even though he had no prior history and was extremely cooperative. The Firm then attended the formal review hearing regarding the Client’s license suspension. At the hearing the firm learned that the Officer that took the breath sample could not remember doing so without looking at her paperwork. The Firm then filed a motion to suppress the evidence regarding the breath sample based upon the Officer’s failure to recall taking the sample. The State then agreed to dismiss the DUI charge.
DUI & Criminal Division
