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State v. Smith

Practice Area: DUI and DWI

Outcome: DUI Defendant found not guilty

Description: This case involved a former state prosecutor charged with DUI. The state was pursuing the case based on the lack luster performance of the field sobriety tests. As defense counsel, I am not a fan of the roadside gymnastics because I do not believe they are far and reasonable for the average person to perform. Be that as it may, the police must have reasonable suspicion to ask a defendant to perform these tests. We are frequently successful in court suppressing the results of a field test when there is no proper basis to ask the defendant to engage the tests. Moreover, when the police lack the proper foundation for the fields, a subsequent illegal BAC (blood alcohol content test) can also be suppressed as well, leaving the Government with no evidence to convict, as was the result in this case.

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