Case Conclusion Date: March 10, 2005
Practice Area: DUI / DWI
Outcome: Case dismissed and DMV action set aside
Description: Mr. McCann’s client was a 19 year-old who was pulled over for weaving within his lane and straddling between lanes. The client was found to have a blood alcohol level of .06%. The client was charged in court with being a minor driving with a blood alcohol level over .05%, and he had his license suspended by the DMV until a hearing was held for violating the DMV’s “zero tolerance” law of being a minor with a blood alcohol level of .01% or higher. Mr. McCann filed a motion contesting the legality of the stop in court. Mr. McCann brought in witnesses to testify against the officer and show that the client was not weaving or straddling lanes and the judge dismissed the case. Mr. McCann also brought in numerous witnesses to the DMV hearing and showed through calculating speed, distance and time, that the client was not weaving or straddling lanes and, under current case law, the period of time during which the officer’s observations occurred was insufficient to support the officer’s alleged observations of weaving and lane-straddling necessary to justify the stop. The DMV set aside the suspension order and re-instated the client’s driving privileges. As a result of the dismissal by the court and the DMV, the client was able to keep his license and his job. NOTE: The aforementioned result does not constitute a guarantee, warranty or prediction of the results or outcome of your case.