The Defendant was seen by a security guard jump a median in his car and crash into a cement sign. He then observed the Defendant get his belongings from the trunk. The officer came to the scene and the defendant stated he had “fallen asleep.” The Defendant smelled like alcohol, had slow and slurred speech and his eyes were red and glassy. His face was red and flushed as well and he was walking slowly. When asked how the crash occurred, the Defendant responded that “nobody was injured.” The officer then asked for the Defendant to perform roadsides to which the Defendant became hesitant. The officer told him the refusal could be used against him in court. He complied. After performing poorly, the Defendant was arrested for DUI and taken to the jail where he refused to submit to a sample of his breath. The firm retrieved both videos in the case and after viewing them convinced the filing attorney to completely drop the DUI crash offense and file the charges as a Reckless Driving Causing Damage. Subsequently, the Firm entered into further negotiations based upon the video evidence. The State agreed to dismiss all charges against the Defendant.
DUI & Criminal Division
