The client was alleged to have wrecked her vehicle in a drainage ditch. When the officers arrived they saw witnesses and and the client standing near her vehicle with her keys in her purse. The witnesses told the the officers that they had to pull the client from her vehicle, and the client admitted she as driving and crashed into the ditch. The officer smelled alcohol and had the client do roadside sobriety exercises, which she did poorly on. She then gave a breath sample that was nearly three times the legal limit. The client was then charged with a second DUI enhanced crash. The Firm investigated the case thoroughly and found a fatal flaw in the officers investigation, in that he failed to take down the witnesses identification. Based upon this, the Firm filed a motion to exclude the clients admission of driving based upon case law. The state agreed and dismissed the DUI charge.
DUI & Criminal Division
