State v N.C. (name withheld)

John M. Gioffredi

Case Conclusion Date:July 29, 2011

Practice Area:DUI / DWI

Outcome:Motion to Suppress Granted, Case Dismissed

Description:Just after closing time on Greenville avenue, a citizen flagged down a police officer to report that my client was "about to get into a fight." The officer stopped my client as he was leaving the scene in his vehicle, and arrested him for DWI. In the police report, the officer wrote "when I first observed the subject, he was driving away from the scene." During a motion to suppress, the same officer testified that he first saw my client yelling at a third party while standing just outside the driver's door of his vehicle, which was stopped in the middle of the street.