OUI with High Test
Mar 27, 2013OUTCOME: Motion to Suppress Grated, case dismissed.
I had a young client who was looking to get into law enforcement. He was charged with Operating Under the Influence and had a breath test that was above a .15 BAC. His field sobriety test results wer ... e fairly damaging, but what appeared incomplete was the basis of the stop and reason for getting him out of the vehicle for field sobriety testing. We had a hearing on those issues and the basis for the stop was the centerpiece of that hearing. On cross examination, we focused on the facts and circumstances surrounding the initial contact with the client and observations made that did not appear in the police report. The officer was very forthcoming and filled-in all the blanks. In summation, we argued that the officer lacked articulable suspicion to stop the client’s vehicle, the client’s 4th Amendment rights had been violated and that all evidence that flowed from the stop should be suppressed.