DUII, Reckless Driving, and Reckless Endangering
The defendant was charged with DUII, Reckless Driving, and Reckless Endangering. The charges arose after the defendant was stopped for failing to use his turn signal and making an improper turn. Upon contacting the defendant in the driver's seat the officer alleged to have smelled alcohol and observed the defendant to have red watery eyes. The officer ultimately arrested the defendant for the above listed charges and a criminal prosecution ensued. The case was dismissed the day before trial was scheduled to begin.
"This was one of the weaker DUI cases I've seen. It was a somewhat complicated endeavor to finally get the DA to dismiss the case. First, we filed a motion to suppress the breath evidence. My client had failed a breath test - however the failure was not because my client had an excessive BAC - it was because the officer had failed to make sure the test was done properly and the test results were contaminated by liquid alcohol. Once the "breath" evidence was excluded my client exercised his right to a trial. After several conversations with the DA about our perceived lack of legitimacy to this case the DA finally opted to dismiss the case the day before trial was scheduled to begin."
Actual Case Summaries
Be advised that I never promise a client a particular outcome, details of prior cases should not be taken as an indication that other clients will necessarily see the same results.