State v. Bowers

Seth A. Blum

Case Conclusion Date:March 10, 2011

Practice Area:DUI / DWI

Outcome:The jury hung on the DWI and the State declined to try the case a second time. Mr. Bowers was convicted of the lesser charges saving his right to drive and his job.

Description:Mr. Bowers was accused of Driving While Impaired, Failure to Stop of a Red Light, Driving While License Revoked, and Hit and Run with Property Damage. Mr. Bowers seemed impaired to the police who investigated, seemed argumentative, and refused the requested breath tests. We succeded in a Motion to Suppress showing that the police did not allow Mr. Bowers to bring in a witness to watch him take a breath test. We argued the that the State did not have enough evidence to prove impairment especially given that Mr. Bowers had just been in an accident and had not received medical treatment.