Officers were dispatched to the scene of a two-car automobile accident. The police report alleges that our client admitted to drinking, had bloodshot and glassy eyes, and had failed the field sobriety exercises. Our client refused to take a breath test.
RESULT: Based upon the deficiencies in the arrest packet materials, we chose to not subpoena any police officers. The attorney on the case persuaded by his argument that there is insufficient evidence to prove that our client was driving, or in actual physical control of a motor vehicle. When the police officers arrived, our client was being treated by EMS and was not in his vehicle. License REINSTATED!