Police were called to the scene of an apartment complex in reference to an impaired person getting into a vehicle. Once the police arrived on the scene they made contact with the driver of the vehicle, who was actually not impaired and was driving the Client home. Subsequently the police left and the Client then attempted to drive his vehicle again. The previous designated driver for the Client then called law enforcement to inform them of the problem. Law enforcement had yet to leave the scene and made contact with the Client. The Client appeared impaired and submitted to sobriety exercises. After the exercises the Client was arrested for DUI and transported to the Breath Alcohol Testing facility, where he refused to provide a breath sample. The Firm conducted an investigation into the case and argued to the Assistant State Attorney that the stop of the Client’s vehicle was somewhat weak. This fact combined with the fact that the Client had a lack of prior criminal history led the State to agree to dismiss the DUI charge.
DUI & Criminal Division
