5/19/2009 - 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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Salesman's DUI Dismissed based on Coerced Test
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Our client was driving home from a business dinner when he was stopped by the police for weaving within the lane of travel, crossing lane markings and speeding. He was detained for suspicion of DUI based on an odor of alcohol, bloodshot watery eyes and slurred speach. The officer had our client perform roadside sobriety exercises which he failed according to the officer. Our client was arrested and taken to the jail where his breath test was twice the legal limit. He came to us for assistance since he was a salesman and he was going to lose his job if convicted of DUI. We immediately went to work and succeeded in winning his license back at the DMV administrative hearing based on an issue that we developed concerning our client's due process rights. We next attacked the criminal case by filing a motion to suppress based on our contention that our client was unlawfully coerced into performing the roadside exercises that formed the basis for probable cause to arrest. At the hearing the court agreed with our position and held that our client did not voluntarily perform the exercises and therefore granted our motion. Since there was no long sufficient admissible evidence establishing probable cause the DUI was dismissed and our client saved his job.
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