Driving home from Applebee’s Restaurant, Defendant’s vehicle was observed by police traveling at a high rate of speed. Police followed the Defendant and witnessed his vehicle making a left hand turn, hitting into a cement curb, and landing in shrubbery. The Police Officer made contact with the Defendant and noticed a strong odor of alcohol, bloodshot eyes and slurred speech. Defendant refused sobriety tests and refused to take a breath test. He was arrested and charged with DUI, DUI with Property Damage, and Refusal to Submit to Breath Test.
RESULT: Our experienced DUI defense attorneys aggressively challenged the admissibility of the refusal to submit to a breath test and convinced the Prosecutor that they did not have sufficient evidence to support a DUI conviction. The Client entered a plea to a lesser charge resulting in NO FORMAL FINDING OF GUILT on the DUI charge and no points will be assessed to the Client’s license. The Client is now eligible to have his records expunged.