Our client, an aspiring firefighter with an offer from a Fire Department in hand, was arrested and charged with Driving Under the Influence. The only thing the officer indicated prior to arrest was that the client was asleep in the vehicle, in the wrong lane. There was never a mention of any other potential indicator of impairment. After our client’s arrest, a breath sample of .04 – half of the legal limit – was provided. Our client also provided a urine sample.
Upon receipt of the evidence, our attorneys set the case for trial and did not waive our client’s right to a Speedy Trial. With a breath sample under .05, our client was entitled to a presumption of non-impairment, meaning the State would have to argue that their own science was incorrect and our client, despite a .04 breath sample was impaired beyond a reasonable doubt.
On the eve of trial, the State dismissed the case against our client, knowing they could not prove the charges.