The Defendant was charged with Driving Under the Influence after he was stopped and arrested in a parking lot. He gave a breath sample over a .15 and his license was suspended for 6 months. The Firm requested an administrative review hearing and subpoenaed witnesses to be present. The Firm took testimony from the arresting officer and made a motion to invalidate the suspension due to the fact that there was no reasonable suspicion of criminal activity and/or no probable cause that the Defendant had committed a traffic infraction. The DMV sustained the suspension and the Firm appealed to the Circuit Court. After 2 years, the Circuit court, sitting on a 3 judge panel, reversed the decision of the DMV holding that they failed to consider the lawfulness of the stop on a breath case. Additionally, the Firm argued that the stop was, in fact, unlawful and the appellate court agreed. The Suspension will be removed from the Defendant’s driving record.
DUI & Criminal Division
