No

No Reason For The Stop

Case Study - No Reason For The Stop:

I had a case where my client (let's call him Joe) had been stopped by a police officer on a street fairly late at night behind a closed business. Because of way in which the police stopped, tested Joe for DUI, and arrested him, I filed several motions. I challenged the stop, roadsides, and arrest. I filed a motion to suppress the preliminary screening test, a motion to suppress statements and a motion to suppress the field sobriety tests.

I also filed a motion to suppress all the evidence.

The Charges:

Driving Under Influence of Alcohol and/or Drugs

The Ruling:

Evidence Suppressed

Identity

Mistaken Identity?

Case Study - Mistaken Identity?

This one involves my client, I'll call Sam.

Sam was pulled over after rounding a curve in the road. He was driving a maroon car. A motorist had called in from his cell phone to the Police. He reported the dangerous way a maroon car was driving. This conversation was recorded. Then the car turned off onto another road and the witness did not follow it any further.

And he reported a specific license plate number GBF 7390.

After a short while, two police cars began following a maroon car. These officers saw an infraction just before the curve I mentioned before. When rounding the curve, the car was out of sight of the officers for a short time.

After they had a maroon car back in sight, the pulled Sam over.

The Charges:

Driving Under Influence of Alcohol and/or Drugs

The Ruling:

Evidence Suppressed

test

Invalid Test Request

Case Study - Invalid Test Request

This example concerns a suppression hearing for Mr. McH. The issue concerned whether there was probable cause to even arrest Mr. McH in the first place.

Ready? Here's the facts.

Mr. McH had been involved in a rollover accident. According to the supervising Sergeant during his testimony as the DA questioned him, Mr. McH. wasn't in the car when the police first came upon the accident scene.

The Charges:

Driving Under Influence of Alcohol and/or Drugs

The Ruling:

Case Dismissed

home

Home Invasion

Case Study - Home Invasion

Bob (not his real name) was at home after working all day watching the 4:30 PM news and drinking whiskey. Previously he had driven to the liquor store next to a 7-11 to pick up some vodka for his wife. He had had one beer before leaving. While he was watching the news, someone started to bang on the door. Bob opened the door and was confronted by a man started yelling that Bob had run over his skateboard. He tried to force his way into the house, but Bob was able to push him out into the street. In the process, he cut Bob with a knife. Bob called 911 and the man disappeared, never to be found. Nor was any skateboard found.

A police officer contacted Bob in response to his 911 call regarding the disturbance at his residence, but arrested him for DUI instead.

The Charges:

Driving Under Influence of Alcohol and/or Drugs

License Hearing

Case Dismissed

The Verdict:

Not Guilty

Not

Driving Ability Not Impaired

Case Study - Driving Ability Not Impaired

Our client was contacted by police for allegedly being unconscious and slumped over the steering wheel with his car in gear and his foot on the brake while stopped in the left turn lane at an intersection.

Cops got pushy with him - client got angry and uncooperative and refused to take a blood/breath test.

The case went to trial after the client rejected the DA’s initial offer of DWAI.

On the stand, client got emotional and testified that the cops were pushing him around during the stop. The jury returned a not guilty verdict in 1-1/2 hours, saying that the DA didn't prove he was impaired or driving under the influence.

The Charges:

Driving Under Influence of Alcohol and/or Drugs

The Verdict:

Not Guilty

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