The Defendant blew by a fully marked police car at a high rate of speed. The officer was doing 70 mph and the defendant was going at least 90 mph. The Defendant then accelerated again and was slowing to 40 mph and back to 80 mph while almost striking the median on multiple occasions. The vehicle was also swerving over two lanes of travel and then almost stuck a bridge as it went over the intercostal. The officer stopped the Defendant as it sped up to 80 mph in a residential neighborhood. The officer noticed that the Defendant was slurring his words, his eyes were droopy, glassy, bloodshot and watery and his movements were slow. He smelled like alcohol and the officer requested a DUI unit. The driving pattern and initial contact with the Defendant was captured via audio AND video. When the DUI unit showed up, the stopping officer “TURNED OFF” the audio. The Defendant allegedly told the DUI officer that he had 3 or 4 drinks at a bar and then refused to submit to roadside tasks after being told he would be arrested for refusing. After being arrested, the Defendant refused to submit to a sample of his breath. The State Attorney’s Office initially refused to drop the charges for Driving Under the Influence citing the Defendant’s clear impairment and horrible driving pattern for their reasoning. Thus, the firm set and took depositions in the case. At the depositions, the Firm was able to establish that the arresting officer was offered the opportunity to use the audio to record the Defendant’s statements and entire interaction with him. He declined and did not want the audio. The arresting officer then came into the depositions and denied that the stopping officer gave him the opportunity to use his audio microphone to record this contact. After bringing all of this to the attention of the State Attorney’s Office, they agreed to DISMISS the charges for driving under the influence.
DUI & Criminal Division
