State of Louisiana v. A.V.
Mar 14, 2016OUTCOME: Client got reduced charge from Second Offense DWI to Reckless Operation
Client arrested for his Second Offense DWI. I reviewed the discovery and the video of his traffic stop by the police and his arrest. In the video, the police officer says if you pass the test you can ... go home but if you refuse it or fail it, you will go to jail. Also in the video, my client does poorly in one leg stand and walk and turn tests. There was no "line" for the walk and turn, BUT it still didn't look like a good performance. From the video, I can't tell how well he did on the HGN. The breath test was BAD...he blew .15. BUT... client did NOT sign the rights form. Also, grounds for a suppression due to weak video on the "weaving" and if client was speeding, he was not arrested for it and police officer, though mentioning it, very little video of what may be possibly client's car on the video from the side when the video comes on. Cop lit client up with his lights even before any time he could see him drive in his actual lane let alone erratic driving. I filed a Motion to Suppress based on the issues with the stop and managed to convince the prosecutor he had enough issues to get the case reduced all the way down to Reckless Operation. Big win for client!