The Defendant was traveling 75 in a 45 mile per hour zone and sped past the officer who was traveling the speed limit. This was all captured on video. After being stopped, the Defendant was dazed and disoriented. His eyes were bloodshot and glassy and he had an obvious odor of alcohol coming from his mouth. He continued to make irrational statements as the officer spoke to him. His speech was slurred and started saying that someone with a loud exhaust pipe was playing with him. The Defendant handed the officer a Wachovia Bank credit card instead of his license, registration and insurance. First he said he had nothing to drink, then he said three beers and was trying to go home. When he got out of his car he was unsteady of his feet and had to hold the car for support. He stumbled where he was standing and then said “come on, I don’t want to refuse, just take me to jail.” He then said his attorney told him no and wasn’t playing this game and was continuing to slur his words. He kept putting his hands on his head and could not tell the officer where he even was. Additionally, he then said he did nothing wrong and began walking back to his car. He was arrested and began going into severe mood swings and had to be reminded of why he was arrested. He called the officer a “Skinhead” and other derogatory names. At the jail he was combative and violent in the holding cell to the point where he had to be restrained. The Firm carefully reviewed all of the documents and took sworn testimony from the arresting Officer. An affidavit was filled out alleging that the Defendant refused a breath test. The Defendant was never requested to take one. Additionally, after sworn testimony was taken, the arresting officer did a supplemental report changing his story from his original report and adding additional facts. After presenting all of this to the State Attorney, the DUI charge and Refusing to submit to the breath test were dismissed. Additionally, after an initial offer of over one year in prison, the Defendant was not convicted of any felony charges did not receive a day in jail.
DUI & Criminal Division
