| Case 6: First DUI > Case Dismissed |
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Summary of Charges Client allegedly failed the field sobriety tests. Client was facing Suspension of license for six months, one year supervision, court costs, fines, alcohol classes. The Arrest The client was arrested by the police after having crashed into a parked car on a residential street. The crash was so severe that two of the three passengers was injured and the airbag deployed. When the officer arrived, the ambulance was treating the injured. Upon speaking to the client, the officer allegedly detected a strong odor of alcohol on the driver's breath, blood-shot glassy eyes, and slurred speech. The client admitted to having been drinking before the accident. The client was asked to do field sobriety exercises all of which she allegedly failed. Facts of the Case This was the client's first arrest for DUI. The State's Attorney was offering one year supervision (which is not considered a conviction), alcohol education classes, fines and court costs. The client's license was to be suspended for six months. Outcome The client insisted that she was not Driving Under the Influence of Alcohol. Thus, Mr. Shaner and his client rejected the State's offer and proceeded to a hearing to Rescind the Suspension of the client's license. They also filed a Motion to Quash Arrest and Suppress Evidence. After a vigorous hearing, they prevailed on both issues. . The court ordered the client's License Suspension Rescinded, and granted their Motion To Suppress the Evidence. The State declined to proceed further on the DUI charges for lack of evidence. The client avoided having to pay fines and court costs, alcohol classes, one year of supervision and kept her driver's license. |
