"The Defendant looks hammered!" - DWI

Joseph Francis Hoelscher II

Case Conclusion Date:August 18, 2010

Practice Area:DUI / DWI

Outcome:Dismissed

Description:The case was dismissed after we won a Motion to Suppress the Evidence based on a lack of reasonable suspicion to stop the defendant. He was stopped after a 911 caller began following his SUV and reporting his location to police, describing the vehicle, and claiming that he had almost hit various motorists. When the officer pulled the SUV over, the 911 caller confirmed they had the right vehicle. However, by a detailed dissection of the arresting officer's testimony, we proved that at the moment of the stop, he lacked sufficient reason to suspect the vehicle was the one that the caller was referring to. All evidence after that point was suppressed, including a video so bad video that one prosecutor noted in the file "The Defendant looks hammered!" and demanded that he serve jail time for a first offense. That prosecutor was forced to sign the Motion to Dismiss.

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