An officer observed an aggressive driver straddling a lane marker, accelerating rapidly, turning abruptly and almost hitting a light pole. The officer stopped the driver and smelled alcohol on his person. The driver agreed to perform field sobriety exercises and failed. The officer arrested driver for DUI and the defendant lost control. He violently banged his head on the glass and cage of the patrol car on his way to jail where he refused breath testing.
RESULT: The defense filed a motion to dismiss the case based on missing video evidence of the client’s arrest. The prosecution offered to amend the DUI charges down to reckless driving in lieu of proceeding with the defense’s motion, resulting in NO DUI CONVICTION!