Officers initiated a stop on a vehicle for traffic infractions. The police witnessed the defendant attempt to remove a small bag from her purse and conceal it in her pocket. The officer inquired as to the bulge in the defendant’s pocket when he instructed her to exit the vehicle. The suspect removed the bag from her pants, dumped pills onto the street and quickly smashed the evidence. A struggle ensued and an officer was struck in the face with enough force to break his sunglasses. The police arrested the defendant and charged her with battery on a law enforcement officer,possession of Oxymorphone, possession of Alprazolam and resisting arrest without violence. On the ride to the police station, the defendant attempted to eat a leafy green substance in the back of the patrol car. The officers added another possession of marijuana charge against the defendant.
RESULT: The defense called both officers to testify as to the events that took place. They had conflicting stories and the attorney convinced the State to drop the battery on a law enforcement officer. The attorney also convinced the State that no tests were performed to determine if the substance was marijuana and the possession of marijuana charge was dropped. The Court ruled no formal finding of guilt on the resisting arrest and other possession charges resulting in NO CONVICTION!