The Client was stopped for having a flat front tire. The stopping officer noticed that she seemed impaired and requested a DUI Officer to investigate. It was also observed that the Client’s 12 year old daughter was in the vehicle. The Client was removed from the vehicle, performed poorly on roadside exercises, and refused to provide a breath sample once arrested. In addition to a DUI, the Client was also charged with the Felony charge of Neglect with regard to her child. The Firm was hired and immediately began investigating the facts of the case, beginning with the video. The Firm also immediately informed the State Attorney’s office that the felony charge was inappropriate, as there is an enhancement for the same factual situation found in the DUI statutes. The State agreed and dismissed the Felony charge but continued to prosecute the DUI charge. The Firm discovered in the videos for the case that all the officers involved did not smell alcohol, yet requested the Client submit to a breath sample to determine her alcohol levels. The Firm filed several motions to exclude evidence and/or dismiss the case. A hearing was held where all the officers came in and claimed they smelled alcohol in contradiction to the video in the case. Prior to the judge making a ruling on any motions, the State agreed to dismiss the DUI.
DUI & Criminal Division
