Our Client was arrested for a misdemeanor DUI with breath test results of 0.277 and 0.262, which also caused an administrative suspension of his/her driver license. Our Client was a contract driver for a delivery service, who reported to law enforcement that our Client was impaired. However, by the time law enforcement arrived, our Client was not driving nor even in the vehicle. The only individuals who witnessed our Client driving were employees of the delivery company, who are not law enforcement officers. Thus, this was a misdemeanor not committed in the officer’s presence and there was no exception to the rule requiring that all elements of the crime occur in the officer’s presence. As such, it was an unlawful arrest. We successfully moved to invalidate the administrative suspension of the license and suppress all the evidence in the criminal case, which was then dismissed.
DUI & Criminal Division
