The client was charged with DUI. The officers on the scene testified that he was staggering while he walked, had slurred speech and beer cans strewn all around the vehicle. After the client did not perform field sobriety exercises he was asked to give a breath sample, to which he replied that he would do whatever the officers wanted. The officers processed this as a refusal to take the test and at this point the client got very upset and began cursing and kicking the police cruiser. The firm was able to get the refusal suspension of the client’s license lifted by the DMV at the client’s formal hearing as there was no actual refusal. In addition, the Firm used the testimony given at the formal DMV hearing and showed it to the State Attorney’s office shortly before trial. The State agreed to drop the DUI charge.
DUI & Criminal Division
