Success Stories

CASE DISMISSED FOR CLIENT WHO BLEW .17 ON BREATH TEST

Andre W.’s career was on the line after he was charged with his second DUI. He faced a one year suspension of his driving privileges, and even worse, revocation if he was found guilty. It didn’t help his chances that the breath test result was 0.173, over twice the legal limit.

First Attorney Harold L. Wallin obtained a rescission of the suspension because of a due-process violation.

Next, Attorney Harold L. Wallin presented a Motion to Quash and Suppress which alleged that Mr. W. had been arrested without probable cause to believe that he had been driving while under the influence. The biggest problem Mr. Wallin faced was that Mr. W. had taken a portable breath test prior to his arrest which disclosed a reading over the legal limit. In fact, that was the only evidence that supported the officer’s decision to arrest, because Mr. W. had not driven erratically and passed all the field sobriety tests. Mr. Wallin was able to win the hearing by successfully arguing that the portable breath test was inadmissible, because the prosecution had not shown sufficient facts to guarantee its accuracy.

After the Court found that the evidence did not support probable cause to arrest Mr. W., the prosecutor decided to drop all charges against him.