The Client was stopped for running a red light and almost colliding with law enforcement. Once the Officer made contact with the Client, he observed signs of impairment by alcohol and marijuana. A DUI investigation was then conducted where the Officer alleged the Client performed poorly on the roadside sobriety exercises. The Client was subsequently arrested for DUI. Upon searching the vehicle incident to arrest, a half full bottle of Vodka and several bottles of prescription marijuana were located. The Client admitted to consuming both. After the arrest the Officer requested the Client submit to breath test. The Client refused to give a breath sample. However, within 15 seconds the Client changed his mind and requested the breath sample. The Officer told the Client that he was sorry but there was nothing that he could do for him at this point. The Client was not allowed to give a breath sample. The Firm was hired to help the Client and immediately contacted the State Attorney assigned to the case. The Firm explained that the video did not match the description given by the Officer and that the Client was improperly denied the right to give a breath sample. The State refused to drop the DUI charge. As a result the case was set for a jury trial. Because of the pandemic the case took over a year to get to a jury trial, but only 15 minutes for the jury to render a verdict of not guilty!!
DUI & Criminal Division
