Our client was arrested for DUI after being involved in a two-car crash. During the crash investigation, the officer claimed our client exhibited signs of impairment—slurred speech, bloodshot and glassy eyes, and a strong odor of an alcoholic beverage. He advised our client that the crash investigation was complete, and he would be investigated for DUI. During the DUI investigation, the client admitted to drinking one beer and two mixed drinks. The client refused to participate in field sobriety exercises and was arrested for DUI. He declined to provide a breath sample. He was charged with DUI and Refusal to Submit to a Breath Test.
Despite these allegations, the State produced only video footage of our client being transported to jail and refusing to provide a breath sample. The arrest report, however, stated that body-worn camera footage captured all pre-arrest activity. Recognizing the significance of the missing evidence, our attorney set the case for trial and filed a motion to compel its production or, alternatively, to limit testimony concerning events that should have been documented on the missing video.
Prior to trial, the State reduced the DUI charge to alcohol-related reckless driving and dismissed the Breath Test Refusal charge entirely. In exchange, our client agreed to pay a fine and complete community service, with no probation and no driver’s license suspension.