The Defendant was stopped for swerving all over the road and almost causing a collision. Once stopped the Officer believed he saw indicators of impairment and had the Client perform roadside sobriety exercises, which the Client performed poorly on according to the Officer. Once arrested for DUI the Client was transported to the jail and a breath test was requested. The Client allegedly complied and it resulted in a breath sample more than twice the legal limit. Because there was no video of any part of the investigation, the whole case rested upon law enforcement’s good word. However, once the Firm began investigating the case it was discovered that the Officer, that was alleged to have given the breath sample, had no memory of the sample or of the Client. The Firm immediately filed a motion to suppress the breath sample. The State refused to concede the motion and drop the case. The Firm argued the motion and won the motion. The State requested a rehearing on the motion, but before the motion was re-argued the State dismissed the DUI.
DUI & Criminal Division
