The Client was involved in an accident and was identified as the driver of the vehicle involved in the accident. The Officer on scene suspected that the Client was impaired by alcohol and had the Client submit to sobriety exercises. The Client performed poorly on the exercises and was subsequently arrested for DUI. Once at the jail he was asked to submit to a breath sample, however, because of his diabetic condition he was having difficulty giving a sample. The officer charged him with a refusal to give a breath sample and DUI. The Firm investigated the case and discovered that the Client’s diabetic issues could be a defense in the matter and also that the Officer was extremely rude to the Client. The Firm argued to the State that these factors, along with the client’s agreeable nature in the case, combined to make for a decent defense trial. The State agreed and dismissed the DUI.
DUI & Criminal Division
