Results

Client was pulled over at Jiffy Lube Live at the checkpoint. During the police encounter client appeared on body camera to be sober. At the station a breath test was provided with a result of .09. However, for the checkpoint to be Constitutionally sound, the police must follow the plan of the checkpoint. Here, there were some deviations but rather to risk a trial, client chose a reckless driving plea offer and later had the DUI charge expunged. Reckless Driving.

Client was lawfully pulled over. Submitted to all tests and showed significant signs of impairment. At station blew a .27, over 3 times the legal limit. Nevertheless, with client’s hard work and our presentation to the prosecution of the facts and mitigation package, client did not go to jail. DUI 1st; no jail.

Client was pulled over at Jiffy Lube Live checkpoint. Client complied with officer and showed very little signs of impairment. Officer arrested and at the station blew a .07. We told the prosecution that we wanted a trial. Commonwealth decided to nolle pros the case and client’s record was subsequently expunged. CHARGE DROPPED.

Client was pulled over after hitting a patch of water. We went to trial and had filed a Motion to Suppress. The officer was not well prepared for trial. He could not articulate a basis for the stop. Motion to Suppress based on lack of reasonable articulable suspicion granted. DISMISSED.

Client was found next to a vehicle which had flipped over. Client did not make any statements about driving and didn’t know what had happened. Client was taken to the hospital for blood draw. Due to the prosecution’s difficultly with identifying client as the driver, the offer was made for a reckless driving. Client accepted the offer with no driving license suspension, no ASAP requirement, no jail and only a fine. DUI was later expunged. Reckless Driving.

This was an interesting case in which the breath machine had a malfunction. We brought an expert from Missouri to discuss the error message that was indicted on the machine. This was a very unique message and the expert opined that after such a message, no other samples after would be reliable unless the machine was fixed. At trial, we were able to exclude the breath certificate due to this failing. However, this occurred after the original stop and judge found client guilty of Reckless Driving by speed. Not Guilty DUI.