The Client was found trying to change his tire after a witness reported that the Client had struck a tree, severely damaged his vehicle, and then kept driving. The Client did not seem to realize that his car had been in an accident and when the officers questioned him further he didn’t even seem to know where he was located. After the crash investigation the Officers performed a DUI investigation and determined that he was impaired, and asked him to submit to alcohol and drug testing. The Client complied and the alcohol sample was negative, however the drug sample turned up many different controlled substances. Once the Firm was hired to handle the case it was discovered that most of the damaging statements and evidence came during the crash investigation based on the Client’s testimony. The Firm filed a motion to throw out those damaging statements based upon the accident privilege rule. Before the motion could be heard the State dismissed the DUI charge.
DUI & Criminal Division
