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William J Duffy V's Legal Cases (2)

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DUI and DWI

People v. Contreras

Dec 15, 2017

OUTCOME: DMV Set Aside of Suspension Action

Driver was parked on side of road, sleeping in vehicle. Officer's did a "welfare check" to determine if driver was under the influence for purposes of driving. Officers arrested driver for driving un ... der the influence of alcohol and impounded driver's vehicle. I cross examined the arresting officer and argued that driver was legally parked, therefore, the officer did not have probable cause to arrest for DUI. The DMV APS hearing officer agreed.

DUI and DWI

People v. Lauer

Dec 08, 2017

OUTCOME: 2nd DUI-Drugs/Accident Case Dismissed

Driver, previously convicted of DUI, was in a single vehicle accident, driving off road and hitting a tree. Driver was arrested for a second DUI and released. Driver never appeared in court for arrai ... gnment and court issued a warrant for his arrest. We argued that since more than 4-years had passed since the incident, driver's memory was impaired to the extent that he could not reasonably prepare a defense, further the prosecutor failed to exercise its due diligence and notify driver of the pending DUI case, therefore driver was prejudiced in the defense of his case. Court agreed, case dismissed.