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7/17/2005 - Posted by:
Charles L. Sifers
Phone: 405-232-3388
Fax: 405-232-5144
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In the case of WJ, the OTHER person that our office represented who had been arrested in the roadblock of the Village Police (see ATTACKING ROAD BLOCKS WITH VIDEO TAPES at http://www.siferslaw.com/Success Stories the District Attorney would NOT discuss any reasonable disposition of the case.  We had already won his driver's license back.  The DA wanted a conviction and a suspended sentence, which would have nullified our license win and revoked the license anyway.  Our office was NOT willing to allow that to happen to WJ.  We had no choice but to set the matter for trial.  In the court in which it was filed, all motions must be heard by the trial judge just prior to the matter being tried before a jury.  Our office filed 17 motions in the case to be heard.  Of the ten (10) motions that the judge finally heard, he granted 8 of the 10. (click here to view a copy of the "Summary of Orders in this case) - MAKE A .pdf link to the scanned in copy of the Order thta pulls up on a click on the "here").  The judge granted our motion to exclude and suppress the video tape of the arrest, the breath test, the field tests, all post arrest statements of the client, and all reference to any prior arrests.  When we were through, the state had almost no evidence left.  We then urged our motion for directed verdict (insufficient evidence) and to dismiss the case.  With no more evidence left, the judge dismissed the case.  Several "old-time" lawyers who either watched these motions argued or later heard about this case, commented that they had not seen such an effective use of motions in a DUI case in years OR possibly EVERConsequently, of the total of THREE (3) people who were arrested for DUI in that roadblock, only ONE was ever convicted and lost his driver's license, and it was the one person in that total number of persons arrested that our office DID NOT represent.

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