DUI case dismissed after Pre-Trial Motions. After cross-examination of the law enforcement officer followed by legal argument, the court found that the arresting officer lacked probable cause to arrest... the defendant for DUI.
DUI and DWI
State v. DG
Aug 21, 2014
OUTCOME: DismiaaL
Client was stopped after a S County Sheriff's Office (CSO) deputy allegedly observed client's vehicle traveling outside of its designated lane of travel on the freeway. After advising the law enforcem...ent officer that no alcohol had been consumed, a Washington State Patrol (WSP) trooper responded to the scene and asked our client to perform voluntary Field Sobriety Tests. After such were performed, our client opted to not provide a voluntary Preliminary Breath Test sample (next to client's vehicle). Our client was eventually arrested and transported to the County Jail, where they refused to provide an evidentiary breath alcohol test. Rather than contact a judge to sign a warrant to draw client's blood (which may have been done despite client's lack of consent), the trooper concluded that our client had "refused" to provide a breath sample and merely booked them into custody. Unfortunately, our client had previous DUI arrests for (from long ago). Thus, the prosecutor's office was unwilling to negotiate the case. After several months of litigation, the matter proceeded to Jury Trial, where a Mistrial was declared pursuant to the prosecuting attorney eliciting testimony from the CSO deputy in violation of the court's previous rulings. The violation was quickly noticed by defense counsel; brought to the court's attention; and after a few minutes of research in chambers, the court declared a mistrial and dismissed the case without prejudice. The prosecutor subsequently re-filed the matter (lawfully). However, the judge found that the State's mismanagement of the case led to a violation of our client's right to a speedy trial. Thus, the case was finally dismissed with prejudice.
DUI and DWI
State v. MS
Aug 17, 2014
OUTCOME: Dismissed w/o Prejudice
DUI charge for crossing several lanes, performing poorly on FST, & for providing a breath sample in excess of two times the legal limit. Defense counsel successfully suppressed the breath test evidenc...e & the jury split 3/3.
Criminal defense
State v. JJ
Apr 13, 2014
OUTCOME: Dismissal
Client was charged with Felony Possession of a Controlled Substance (Methamphetamine) in Superior Court. The illegal drugs had been discovered on client's person pursuant to law enforcement's use of a... warrant. Client had previously been convicted of 5 Felonies (each occurring on different dates). After extensive investigation and negotiation, the prosecutor conceded that the warrant wasn't properly executed, and agreed that a judge would likely suppress all subsequently obtained evidence. Thus, the State dismissed what would have been client's 6th Felony conviction.
DUI and DWI
City v. G.G.
Dec 13, 2013
OUTCOME: Dismissal
Driver stopped after for traveling outside of their designated lane of travel after leaving a Downtown Restaurant. City Police had been conducting a DUI Emphasis Patrol & client provided a breath test... result of .13 at the police precinct. Motions were eventually filed & the case set for trial. The prosecutor subsequently moved to dismiss prior to Motions being argued.
DUI and DWI
State v. SJ
Nov 08, 2012
OUTCOME: Dismissal
Defendant charged with DUI. Defendant had refused Field Sobriety Tests and opted to not perform the breath test. Further, the defendant admitted consuming liquor and told the arresting officer that ...there was vodka in the open container on the center console. The defense called 7 witnesses to the stand, including a Medical Expert. Jury deliberated for less than 10 minutes.
DUI and DWI
City v. AB
Sep 17, 2008
OUTCOME: Dismissal
Not Guilty after trial. District Court. Breath test was deemed inadmissible after defense attorney successfully argued motion to suppress. On cross-examination at trial, the arresting officer eventu...ally admitted to the jury that the defendant performed fairly well on field sobriety tests.