TRIFECTA'S ARE NOT JUST FOR HORSE RACES

Melanie Nell Roe

Case Conclusion Date:October 15, 2012

Practice Area:Criminal Defense

Outcome:SUPPRESSION MOTION GRANTED IN .11/.10 BAC DUI: CASE DISMISSED

Description:CHP officer testifies he observed defendant’s Toyota straddling lanes for 50-75 feet and that when he stopped the defendant, he observed red, bloodshot and watery eyes. Attorney Roe cross-examined the officer with his own in-car videotape which failed to reveal any bad driving on the defendant’s part, let alone lane straddling. She also introduced her client’s mug shot which did not corroborate the officer’s observations re bloodshot eyes. And for a trifecta, she then concluded her impeachment of the officer by having him admit on the record he inaccurately reported the lanes as broken white lines, as opposed to solids. Judge Jeffrey Gunther reviewed the video carefully (approximately 5 times in open court) and ruled the video was “clearly unclear”, that the inconsistency in the officer’s report re the broken vs. solid lines was an important item and the defendant’s violation, if any, was de minimus. In the interest of fairness, and failure of proof by the government, he granted the motion, suppressed the evidence and the government dismissed the case.

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