Charged w/ DUI 4th, Asleep in McD's Drive-thru, NOT GUILTY
Jan 05, 2018
OUTCOME: Jury returned verdict of Not Guilty in just over 7 total minutes
Client fell asleep in McDonald's drive thru around 1am just after ordering, police were called. Client admitted to drinking that night, did poorly on Field Sobriety, but refused the chemical test. Des...pite having such a difficult fact pattern to work with, I was able to catch the arresting officer being untruthful and was able to minimize the effect of his opposing testimony.
DUI and DWI
Kentucky DUI Defense
Jul 25, 2013
OUTCOME: The stop of Defendant was ruled unconstitutional, all evidence was deemed inadmissible, and the Commonwealth of Kentucky had no choice but to dismiss the entire case against my client.
A police officer had an unsubstantiated belief that the Defendant had interacted with an individual that the officer felt was improper. Upon seeing the Defendant driving his car the next day, the offic...er initiated a traffic stop to tell him not to speak to that individual again. Defendant had violated no traffic laws. After interacting with Defendant, the officer believed that he was intoxicated and placed him under arrest. Defendant denied that he was intoxicated, but was nonetheless charged with DUI, 1st Offense. Prior to trial, I filed a Motion to Suppress all evidence obtained against Defendant on the basis that the arresting officer had performed an unconstitutional, warrantless traffic stop on Defendant, without probable cause, and that because of this blatant violation of Defendant's constitutional rights, all evidence obtained as a result of the illegal stop was likewise tainted, and inadmissible against Defendant at trial. A hearing was conducted, oral arguments by both myself and the Commonwealth of Kentucky were presented, and written briefs outlining the positions of law taken were submitted by the parties.
