DUI- Defendant Wins

L. Kenneth Chotiner

Case Conclusion Date:December 10, 2012

Practice Area:DUI / DWI

Outcome:Prosecution Withdrawn

Description:Officer claimed my client failed to stop at a stop sign. The officer said my client smelled like alcohol, had blood shot eyes, and trouble standing. My client told the COP he had three beers. My clients BAC was over a .160, the highest penalties. I made a motion to suppress the evidence because the cop did not have any reason to stop my client. My client said he stopped at the stop sign. During the motion, I questioned the cop. I got him to admit that, other than failing to stop, my client was driving fine. THe cop admitted that my client stopped at 3 previous stop signs, obeyed the speed limit, and pulled right over on signal. Then I asked about the failure to stop. I got the cop to admit that my client slowed down. But the cop insisted he didn't come to a complete stop. The judge did not believe the cop.

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