Law enforcement was called to the scene of what they believed to be a vehicle crash. Once on scene they discovered the Client sitting behind the wheel of a car that had severe tire damage. The Officers assumed the Client had hit the light pole in the parking lot where the vehicle was sitting, even thought the vehicle was not resting upon said pole. The Client was very impaired and was subsequently arrested for DUI. The Client then gave a breath sample that was more than double the legal limit once he arrived at the jail. The Firm investigated the case and discovered that the facts of the case were not what they seemed. In fact, the Client had previously been involved in an accident that same day where law enforcement were called, investigated the crash and then let both the Client and the other driver leave with no ticket. This previous accident was only a couple hundred feet from where the officers later discovered the Client. The Firm deposed the Officer from the first crash, who stated that the Client’s vehicle had such bad tire damage that it was inoperable, and thus the Client could not later be guilty of a DUI. The State eventually agreed to this theory and dismissed the DUI.
DUI & Criminal Division
