Attorney Denise L. Childress's Legal Cases

DUI and DWI

Attorney Denise L. Childress Saves License Despite .219 BAC Result

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OUTCOME: Judge orders DOR immediately reinstate all driving privileges due to unreliability and inadmissibility of BAC result.

Officer responds to accident and reports strong odor of alcohol, watery, bloodshot, glassy eyes, and slurred speech, staggering and falling. Officer reports failure on HGN, alphabet and counting tests, ... and officer declined to administer walk and turn and one leg stand tests for safety reasons due to trouble standing. BAC result of .219.

DUI and DWI

Associate Attorney Denise L. Childress Saves License

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OUTCOME: The revocation ordered set aside because the officer lacked probable cause that driver was impaired at the time of driving and that Client was not under arrest at the time he refused. Driving privileges were restored.

Driver stopped while changing tire after having an accident. Officer reports a strong odor of alcohol, watery, bloodshot, glassy eyes, slurred and confused speech, swaying, staggering, profanity and fi ... ghting. Because Client was so combative, the officer placed him into protective custody and had to use multiple restraining devices. As such, Client could not perform any field sobriety tests and later refused to submit a chemical analysis of his breath.

DUI and DWI

Associate Attorney Denise L. Childress Saves License

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OUTCOME: Decision maker finds the officer lacked probable cause to believe driver was operating a motor vehicle while intoxicated. License suspension removed and no loss of driving privileges.

Driver arrested by county officer after allegedly driving through a stop sign and failing to signal turns. Officer reports strong odor of alcohol, watery, bloodshot and glassy eyes, slurred speech, and ... swaying. Driver reportedly fails all three field sobriety tests and refuses PBT. Driver provided a breath sample for chemical analysis which reportedly revealed a blood alcohol content above .08%. During the hearing, Attorney Denise L. Childress was able to elicit testimony from the arresting officer that showed he deviated from his training in multiple respects, discrediting his investigation.

DUI and DWI

Associate Attorney Denise L. Childress Saves License and Avoids Criminal DWI

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OUTCOME: “The Court finds the police reports in Resp Ex A to not be persuasive or credible in light of the DVD, which exposes several inconsistencies in the written reports.” Driving privileges restored. Criminal DWI charge dismissed.

Driver stopped for allegedly speeding 75/60 mph zone. Officer reports a strong odor of alcohol, watery, bloodshot and glassy eyes, swayed balance, slurred speech, fumbling with wallet, failure of the ... HGN test and refusal of all subsequent testing. Driver arrested and brought to police station, where he allegedly refused to provide a sample of his breath to determine BAC. Attorney Denise L. Childress submitted video evidence obtained by Ward & Associates, and pointed out glaring inconsistencies between the multiple police reports and video.

DUI and DWI

Associate Attorney Denise L. Childress Saves License Despite Alleged .139 BrAC

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OUTCOME: Hearing Officer finds BrAC test result inadmissible as administered on the video and Orders License Reinstatement

Driver stopped for speeding and crossing the center and fog lines on multiple occasions. Officer reports watery, bloodshot, glassy eyes and strong odor of alcohol. Officer reports admission to drinki ... ng and failure of three field sobriety tests. Client arrested and brought to station for chemical breath test, which reported .139 BrAC. The Firm subpoenaed the Custodian of Records to a hearing to release booking video evidence, which was saved in an outdated format. Attorney Denise worked hard to provide a viewable format for the Hearing Officer, travelling tirelessly to DOR’s office on multiple occasions in order to facilitate viewing. As such, the Hearing Officer could view the administration of the chemical breath test, which was not done in accordance with the Department of Health and Senior Services requirements.

DUI and DWI

Associate Attorney Denise L. Childress Saves License Despite Alleged .121 BrAC

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OUTCOME: Hearing Officer decides evidence is insufficient to determine BAC above .08% and Orders Reinstatement

Driver stopped for speeding 77/60 and crossing the fog line 3 times. Officer reports moderate odor of alcohol and watery, bloodshot eyes. Officer reports admission to drinking and failure of three fi ... eld sobriety tests. Client arrested and brought to station for chemical breath test, which reported .121 BrAC.

DUI and DWI

Associate Attorney Denise L. Childress Saves License Despite Refusal of Breath Test

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OUTCOME: The Court ordered license revocation removed because the officer lacked probable cause of intoxicate at the time of driving and refusal invalid for lack of arrest. Driving privileges restored.

Driver stopped while changing tire after having an accident. Officer reports a strong odor of alcohol, watery, bloodshot, glassy eyes, slurred and confused speech, swaying, staggering, profanity and fi ... ghting. Because Client was so combative, the officer placed him into protective custody and had to use multiple restraining devices. As such, Client could not perform any field sobriety tests and later refused to submit a chemical analysis of his breath.

Denise L. Childress's Legal Cases (7)

Attorney Denise L. Childress Saves License Despite .219 BAC Result

Associate Attorney Denise L. Childress Saves License

Associate Attorney Denise L. Childress Saves License

Associate Attorney Denise L. Childress Saves License and Avoids Criminal DWI

Associate Attorney Denise L. Childress Saves License Despite Alleged .139 BrAC

Associate Attorney Denise L. Childress Saves License Despite Alleged .121 BrAC

Associate Attorney Denise L. Childress Saves License Despite Refusal of Breath Test