The defendant was found passed out behind the wheel of his van, engine running and in gear, at a stop light around midnight. The Police were called by a concerned citizen and when they arrived they could not awaken the defendant and had to open the doors to his vehicle, put the car in park, and turn off the engine for their safety. The defendant smelled of alcohol and didn’t complete the Field Sobriety Exercises. The defendant was then placed under arrest and in a search incident to his arrest; the police found marijuana and empty beer cans in his van. The defendant retained the Ticket Clinic to represent him because a conviction from either a DUI or a Possession of Cannabis would cost him his job. The firm filed a series of aggressive motions attacking the states case in chief, challenging the validity of the breath test machine, and the right the police had to arrest the defendant in the first place. Following many court appearances and hearings the State agreed to drop the Possession of Cannabis case altogether and to lower the DUI to a Reckless Driving. The defendant was extremely happy with the offer and accepted, suffering no loss of employment.
DUI & Criminal Division
