The Defendant was reported as driving erratically in Desoto County and stopped by law enforcement. The Officer claimed to smell alcohol coming from the Defendant and also observed obvious signs of impairment. During the course of the DUI investigation the Defendant admitted to taking pain medication earlier in the day. The Defendant was subsequently arrested for DUI and asked to provide a breath sample in which he blew 0.000/0.000. The Officer never asked the Defendant to provide a urine sample and relied solely on the Defendant’s admission of the ingested narcotic. The attorney filed a motion to dismiss the charges based on this flaw in the State’s case. After reading the attorney’s motion, the State Attorney dropped all criminal charges against the defendant.
DUI & Criminal Division
