The Client was stopped for driving his scooter in the bike lane on a roadway. Once stopped law enforcement believed him to be DUI and conducted an investigation for the same. After said investigation the Client was arrested for DUI and subsequently refused to provide a breath sample. The Firm investigated the case and immediately noticed that the stop of the Client for driving his scooter in the bike lane was improper. There was no actual statute that prevented such action. As a result the Firm argued that the stop was improper and the case should be dismissed. The Officer then sent in another report and added that he was also stopping the Client for not registering the scooter, which was in direct contradiction to the previous case. The Firm argued to the State that the DUI charge should still be dismissed. The State agreed and dismissed the DUI charge.
DUI & Criminal Division
