An informant contacted the Police of a noticeably intoxicated elderly driver leaving a local establishment. Police initiated a traffic stop and claimed the Defendant smelled of alcohol, had bloodshot and watery eyes, slurred speech and difficulty with balance. The Officer requested that the Client participate in a Field Sobriety Testing and the Client agreed. The Defendant explained to the officer that he sustained a leg injury from the Vietnam War and took 8 prescription medications daily for pain and the treatment of Post Traumatic Stress Disorder. The Client poorly walked the white line and then placed under arrest and charged with DUI. The Defendant submitted breath and urine samples at the jail. Both samples registered below the legal limit for alcohol consumption.
RESULT: The Attorney tirelessly researched the side effects of the Client’s prescription medications and filed motions preventing some of the State’s evidence from being included into testimony. The Attorney’s strategy resulted in NO DUI CONVICTION!