| Jul 27, 2018 | Case: 2017-CT-003846 | Judge Hanser |
| Facts: | The defendant crashed through an apartment complex gate. When police arrived, they noticed the defendant to have an odor of alcohol, slow speech, and lethargic movements. The defendant also admitted to having drank wine that day. The defendant performed very poorly on the roadside tests and was arrested for DUI. Due to injuries from the crash, he was asked to provide a blood sample at the scene. The toxicology results later revealed that the defendant's blood alcohol level was .268 and .267. This was the defendant's Third DUI. | |
| Defense: | The firm took a pretrial deposition of the arresting officer. Through our questioning of the officer, the firm was able to establish that the officer unlawfully obtained the defendant's blood through coercion. In addition, it was also unlawfully obtained on another ground since a breath test was not impractical or impossible. After the State read the depo and applicable case law, they Dropped the DUI. | |
| Result: | The State dropped the DUI. | |