Practice Area:DUI / DWI
Description:Client, a software developer, was stopped for fleeing and eluding a law enforcement officer. The arresting officer, a major in the police department, smelled the odor of alcohol. Client performed field sobriety exercises which the officer said indicated impairment. Client took a breath test with a .134 result, and requested an independent blood test which was ignored. The breath test was excluded from evidence. At trial, Mr. Malove discredited the reliability of the field sobriety exercises and rendered the police officer's testimony entirely unworthy of belief. The jury returned within minutes after starting their deliberations.