The defendant was charged with Driving under the influence. The defendant was stopped for swerving between lanes. Once stopped it was discovered that there were several children in the car ages 1 through 12. The defendant admitted to having a couple drinks. The State wanted the defendant to do 180 days in jail on the charge. The Firm filed a motion to suppress the evidence in the case as the stop of defendant’s vehicle was unlawful. The Court agreed with the Firm and suppressed the evidence in the case, thereby limiting severely what the State could prove in the case. Instead of agreeing to dismiss the case the State appealed the judge’s decision. Ultimately the State’s appeal was dismissed and all charges against the defendant were dropped.
DUI & Criminal Division
