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When client started to feel intoxicated, he pulled over and went to sleep on the side of the road. Toll Road Authorities found him and called the police. Police took him to jail and he blew a .11. The prosecution could not prove what time he was driving. Additionally, the officer did not follow the correct procedures to conduct a breath test investigation.
Believe this, even if you have not had too much to drink and you provide a breath sample UNDER the legal limit, in Montgomery County, you will still be arrested. This officer essentially followed my client from a sports bar. She told the officer that she had a beer. He still took her to the station. She blew a .06. The state filed charges on her. It took a little while, but we got it dismissed.
Our client tested under the legal limit for alcohol; so the state sent the blood sample to a different lab for drug testing. The state repeatedly requested more time for drug analysis. After the third request for more time, I objected to any more time. The judge agreed with me and the state had to dismiss their case.
The state showed that there were problems on the video at the police station. We were able to show that our client used the restroom at the station. Instead of soap, the station had hand sanitizer – 99% alcohol. And then we had video footage showing my client biting his nails and putting his fingers in his mouth.
Client was actually taking an intoxicated and high friend home. The car smelled like marijuana, so my client was searched and arrested when they found a bag in the car. They never offered my client a urine test or conducted field tests to determine if he was intoxicated by marijuana. We were able to show that the passenger was more likely the person in possession of marijuana.
Client had blown under the legal limit, but the state then had the blood re-tested for drugs. Although there were indications of drugs in his system, it could not be proven when he had taken the drugs or if they actually affected his performance on the field tests.
Ex-wife trying to get child support check called the cops stating that my client was driving all over the road. Even though client passed field tests, officer decided to arrest. During the arrest, the ex even showed up asking the officer to get her check – which the officer indeed did.
The prosecution claimed that the combination of alcohol and marijuana created legal intoxication, but we showed the evidence, science, and my client’s outstanding performance on video did not support the state’s theory.
Client looked like he passed the field tests but the officer still arrested him. There are many bad arrests from “erring on the side of caution.”
We showed the jury the incorrect procedures the officer performed and that the field sobriety tests, in general, are completely slanted and not “scientific tests” in any regard. The prosecution tried to convict based on my client’s refusal to provide a sample – after he had already been placed under arrest for DWI.
After repeatedly trying to convince the prosecutor that the breath test evidence had many problems, I set the case for trial. Also, the client looked outstanding on video. We had three trial settings, and the state finally dismissed the case when their own expert told them that the evidence was bad.
Case reduced to Reckless Driving after we showed that there may be issues with the traffic stop.
We investigated the person that “witnessed” the accident. We tracked him to a prison and discovered that he had a bad memory from the night of the accident and in fact had no idea what happened.
An “off-duty” officer called in to another officer that my client was driving all over the road. A third officer was also called in to do field sobriety tests. Between the three officers, there were so many mistakes made during the DWI investigation, the prosecution finally realized they could not prove their case.
When officer stated that client would be “let go” if he passed the breath test, he made an illegal statement and the breath test could not be let in for trial. Because the DWI was dismissed, the weapon case had to be tossed out as well.
We showed that the arresting officer, with 25 years experience on patrol, did not know how to properly conduct field sobriety tests.
We proved to the state that the breath test calculation was incorrect and that my client should not have been arrested.
Shown that client attempted to take the blood test, but officers unwilling to allow him to use vials from the hospital. Client looked good on video despite officer stating that he failed field sobriety tests.
Officer did not perform field sobriety tests properly.
Client’s blood results taken. Client scored well on DWI field sobriety tests.
Client scored well on field sobriety tests and looked good on videotape.
Evidentiary issues for the State.
Client passed up officer at high rate of speed and admitted to drinking and taking prescription medication. Charge refiled as another misdemeanor.
Client in high school about to start college. Evidence issues with the case.
Client blew over twice the legal limit. Shown that improper police procedures led to stop and arrest of client.
Third hour of video revealed officer stating that he did not have probable cause to stop the vehicle.
Shown to the State that it could not be proven that client was above .08 at the time of driving.
According to video client was not intoxicated.
Client’s charge refiled as reckless driving / sentenced to deferred adjudication probation.
Evidence shown to the state that client was not over legal limit at time of driving – same client had assault family violence case dismissed –both cases pending at the same time.
Client’s mother called to the scene to pick up client. Officer lied in his report. We showed the phone records indicating that officer actually called. Client was not intoxicated.
Shown that client’s medical condition required certain prescription drugs that could cause someone to show signs of slurred speech and convulsions, but client not actually intoxicated.
Evidence presented that client was not intoxicated, but suffering from medical issues.