Practice Area:DUI / DWI
Outcome:Case Reduced to Reckless Driving During Cross Examination of the Officer
Description:My client was pulled over for speeding. The officer was a member of the Dekalb County STAR team (Dekalb's DUI Task Force). The officer approached the car and asked my client to perform field tests. My client did not feel comfortable performing the tests. The officer then told him to exit the car he would be placed under arrest for dui. The Defendant and officer then had further conversation and my client eventually took the field tests and did not perform that well. He eventually went to the station and blew .105. At a motion hearing we were able to cross examine the officer and have all field tests excluded from evidence. We argued that the Defendant was either in custody without Miranda being read or, that the tests were compelled and not free and voluntary. At this point, we were able to engage the State in negotiations to have the DUI dropped and plead to a reckless driving. Defendant a New York resident was very happy with the results and move on without a DUI on his record.