Our client flipped his pickup truck in the middle of a six-lane highway. Our client asked a good Samaritan to help him move his broken beer bottles away from his vehicle. Law enforcement arrived and saw our client standing 30 feet away from his flipped trunk. A crash investigation was conducted and a DUI investigation occurred. Our client provided a clean breath test but a dirty urine test. He tested positive for Cocaine. Our attorney filed a motion to suppress evidence to exclude the statements of the driver based upon the accident report privilege and other grounds. He argued that no one could place our client behind the wheel of the car and corpus was not established. At the motion to suppress hearing, the attorney argued for suppression of all the evidence based upon the evidence that no one witnessing our client driving his truck. The Judge granted the motion to suppress. The prosecutor was forced to dismiss all charges.
DUI & Criminal Division
