An Officer initiated a traffic stop after a Driver drifted in between lanes, braked erratically and almost drove over a median. The Officer noticed the Driver had slurred, mumbled speech and reeked of alcohol. The Defendant failed Field Sobriety Testing and blew .145 and .159 Breathalyzer Test. The Department of Highway Safety and Motor Vehicles suspended the Defendant’s license for driving under the influence of alcohol.
RESULT: The defense requested a Formal Administrative Review Hearing of the Client’s case with the Department of Motor Vehicles. The Defense subpoenaed the arresting Officer to testify at the hearing. The Defense successfully argued that the Officer lacked probable cause to initiate a stop. The Hearing Officer ruled in the Defense’s favor and LIFTED the suspension of the Client’s license.