The Defendant crashed into the back of another vehicle on the turnpike. He then drove off and stopped at a gas station. The Defendant got out and looked at the damages to his vehicle. The Defendant then went to his car, opened a beer and began to drink it and then walked behind the gas station to hide. After the police officers showed up on scene, the Defendant said he wasn’t sure what happened and then denied driving. He was then subjected to roadside tasks because he smelled like alcohol and had indicators of impairment. He performed poorly and was arrested. At the jail, the Defendant refused to provide a sample of his breath. He then admitted to drinking beer and wasn’t sure how to answer the question as to “whether he was under the influence”. The firm ordered the videos where the Defendant was seen doing the roadsides in handcuffs. After reviewing the evidence, the Firm convinced the State Attorney’s Office that there may have been a de-facto arrest for DUI before the requisite probable cause occurred. Additionally, numerous issues existed the admissibility of statements made on scene. Thus, the State agreed to dismiss the charges for Driving Under the Influence.
DUI & Criminal Division
