Practice Area: DUI and DWI
Outcome: DUI Dismissed Plea to Speeding
Description: Defendant was pulled over by a DUI task force officer for speeding. The officer told Defendant that if he did not take the field sobriety that he would take him right to the jail. Judge Studdard in Henry County is one of the smartest judges in the State. He is the author of the case law update that all Judges read. He know s the case law backward and forward. Thus,in order to win in his court, all of the legal arguments must be correct and supported by very good case authority. After my client failed the field tests, he was taken to the jail and given the breath test. At the motion hearing, the judge determined that the officer's testimony was not clear on what he told my client regarding the consequences of a breath test and denied my motion. I was stunned. However, in order to clear up any of the testimony, I approached the prosecutor on the morning of trial and told him my client was going to testify since the officer was not clear on what took place. I then approached Judge Studdard and told him exactly what my client was going to testify to, and that he would be required to suppress the breath test. The judge had already suppressed the field sobriety tests, and based upon the proposed testimony he agreed with me, and stated that if that was going be the testimony, the breath test would be excluded. We all determined that a trial would not be needed. Thus, the State had no evidence to prosecute a DUI case and the Defendant paid a fine to a speeding ticket and went back to South Carolina a happy man.