State v. Nathan V.
Apr 03, 2018OUTCOME: DISMISSED
US military officer charged with DWI. Officer pulled client for speeding, then felt that client was impaired. Arrested and presented to magistrate for release conditions. Magistrate set a secured bo ... nd because client stated that he might need to leave the country due to his military orders. Client requested his cell phone so that he could contact someone to make his bond. Client was denied access to his cell phone which contained the phone numbers of family and friends. Client was forced to stay overnight and therefore could not assist in his defense by being able to seek an independent blood test. Judge ruled that it is against public policy to issue a secured bond simply because of a defendant's military responsibilities. This egregious error did not permit the defendant to assist in his defense and as such the case was dismissed.
