The defendant was driving down the road without it’s headlights on and swerving within his lane and to the other lane almost striking a car. The defendant did this multiple times. While approaching the car, the officer saw the defendant in the drivers seat of the vehicle and he reached into his pocket and through something in the backseat of the car. The officer smelled an odor of alcoholic beverages and the defendant’s eyes were glassy, red and bloodshot. After performing poorly on the roadsides, the defendant was arrested for DUI. The officer went back to the car and found the bag in the back seat which contained valtox tested positive marijuana. The officer then asked the defendant what he had to say about the marijuana while he was handcuffed in the back seat of the patrol car to which the defendant admitted it was his and he had smoked it earlier. The firm took the officer’s deposition where he stated he did not read the defendant his rights before asking him “what he had to say about the marijuana”. The defendant was taken to the breath alcohol testing facility where he blew a .056 and .058. He then refused to take a urine test after being asked to do so by the officer. Result: Stated dropped the DUI charge on the day of trial.
DUI & Criminal Division
