12/12/2005 - Posted by:
Stone & Associates, P.A.
Phone: 904-396-3335
Alt. Phone: 904-536-9309
Fax: 904-399-4540
Mobile: 904-536-9309
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Motion Granted DUI Dismissed
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Client was driving his motorcycle home after consumming a couple of glasses of wine. He was stopped for speeding. When our client took his wallet out to get his license some other cards dropped out of the wallet. He picked up some but apparently did not see some others that had dropped out. The officer decided these actions coupled with the odor of alcohol on his breath meant our client was DUI. The officer called for a specialized DUI enforcement officer to conduct a DUI investigation. The investigation was completed and although our client was able to perform most of the exercises without any problems he was arrested. He submitted to a breath test at the jail and it was just over the legal limit. Prior to the case going to trial on all the facts we filed a motion to suppress the evidence following the stop based on our argument that the officer could not prove our client was in fact speeding. The court heard the testimony of both officers and concluded we were right. All evidence gathered following the stop was suppressed and the State was forced to disimiss the DUI.
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