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Client was arrested for DWI after he swerved to avoid an animal in the road and his car went into a ditch. Police arrived and put him through FSTs and gave him a breathalyzer. After blowing a .00, he consented to a blood draw. Client had a prescription he was taking as prescribed. However, client had an extensive criminal history and the arresting officer told our client that even prescription drugs were covered by DWI. Our attorneys pointed out the legal problems with eth police work and conclusions. Although our client was on Parole for other charges, the DA agreed with our attorneys allowed our client to plead guilty to one Moved from Lane Unsafely traffic ticket in full satisfaction.
Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.
Our client’s initial offer was to plead guilty to a DWI, with a BAC of .27. This would leave our client with a criminal record for the rest of his life. We believed there was an issue with the stop, so we pushed forward. At hearings the officer said he stopped the vehicle because of a welfare check. He admitted there were no traffic infractions and that the stop was based solely on the concern for the wife. After the hearings, we submitted a memo of law outlining our issues. In the end, the Judge ruled that this was in fact, a bad stop and suppressed all the evidence and as a result, the case was dismissed.
Our Client was charged with DWI and DWAI-drug after an accident in a parking lot this summer. Those charges were dismissed after demonstrating to the DA that their cops’ investigation was poorly performed and after explaining the blood draw to them.
The blood draw revealed amphetamine and marijuana. However, our client had a prescription for Adderall. We explained to the DA that their toxicology report couldn’t differentiate between amphetamine that was being taken as prescribed versus something taken beyond a prescribed dose, and I reminded them that amphetamine only helps people focus. Although she didn’t get her medical marijuana card until after the accident, 11-nor-9-carboxy-THC was the only metabolite present and it has no psychoactive qualities that would have impaired her while she was driving. This suggested she hadn’t smoked in a few days. Law enforcement’s observations of her at the accident scene were simply not supported by what was actually in our client’s blood, which made us question their credibility and believability. In fact, the allegations of both slurred and fast speech were contradictory. Moreover, the findings of 6/6 clues for the HGN test suggested that the deputy administered the test incorrectly as opposed to there being a substance causing nystagmus, especially because neither cannabis nor amphetamine causes nystagmus.
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