Success Stories

CASE DISMISSED FOR CLIENT WHO SCORED 0.158 ON THE BREATH TEST

After Minnie K. was involved in a motor vehicle accident, she went with the other driver to a nearby police station to file a report. While at the station, an officer had a “hunch” that Ms. K. might be under the influence of alcohol. He asked Ms. K. to perform a series of field sobriety tests, and she willingly agreed. Even though she passed the tests, the officer was not convinced, and he asked her to take a breath test, resulting in a score of 0.158, nearly twice the legal limit.

Attorney Harold L. Wallin filed a motion claiming that Ms. K.’s arrest was illegal and unconstitutional, inasmuch as it was based upon a mere guess that she might be intoxicated, whereas the United States Constitution requires that an officer have probable cause to believe that a person is impaired before he or she can place a motorist under arrest for DUI and obtain a breath sample. The Judge agreed, finding that Ms. K. had shown no signs of impairment prior to the arrest and the breath test. As a result, the DUI charge has been dismissed.