The Defendant crashed her car into a median and scraped the underside of her car and popped her tire. The car was not drivable. An officer arrived on scene and noticed that she had an odor of alcohol coming from her. She told the officer she was texting her boyfriend and crashed into the median. A DUI unit was called and arrived on scene to conduct an investigation. He noticed that her eyes were glassy and bloodshot and that her speech was slurred. She performed poorly on roadside exercises and had admitted on the video at the jail to drinking and taking controlled substances which impaired her. The Firm took a deposition of the stopping officer and secured testimony under oath that he did not notice any other factors of impairment when he contacted a DUI unit other than an odor of alcohol. The Firm then filed a motion to suppress arguing that the defendant was detained without a “reasonable suspicion” for driving under the influence. The State Attorneys Office would not offer a reduced charge for reckless driving before the hearing. At the hearing, the officer who called for the DUI unit was impeached multiple times with his sworn depositions testimony. The court granted the motion to suppress and signed a three page order holding that a minor crash coupled with a simple odor of alcohol was not enough to detain the defendant. After the State Attorneys Office brought it to their appellate department, they dismissed all charges against the Defendant.
DUI & Criminal Division
