DUI CHARGES DISMISSED

Kevin Wade DeVore

Case Conclusion Date:April 19, 2013

Practice Area:Criminal Defense

Outcome:Dismissal

Description:A client of Mr. DeVore was charged with DUI and Careless Driving from an incident in the Eighth District. Kevin relied on the good facts in the case and tied that in with the recent opinion of the United States Supreme Court in Missouri v. McNeely, 569 U.S. ___ (2013) to convince the County Attorney to dismiss all of the DUI and Careless Driving charges against his client. McKneely now brings into question whether the police need a search warrant to conduct any chemical test, including blood, breath or urine. Mr. DeVore argued that in order to avoid a violation of a person’s Fourth Amendment right to be free from unreasonable search and seizure, police must have a search warrant or an exigent circumstance before an officer has the right to ask for such a test. The case was resolved at a settlement conference before trial.