A distracted driver playing on his cell phone at 1:00 a.m., drifts out of his lane and onto the white line. A Police Officer turns on his lights to initiate a traffic stop and the driver abruptly pulls over onto a neighboring sidewalk. The Officer observes that the driver is off balance and sluggish, has watery eyes, slurred speech and smells of alcohol. The driver agrees to perform a field sobriety test and performs poorly. The Defendant is placed under arrest for DUI and then refuses to submit to a Breathalyzer Test at the county jail.
RESULT: The attorney used the police car’s videotape to determine that the officer on duty did not have enough evidence to initiate a traffic stop upon the Client. After being placed under arrest, the Client chose not to take a breath test; resulting in no evidence of him being under the influence of any substance. The charge of DUI was REDUCED The Client is now eligible to have his record expunged.