OUI-Liquor 1st Offense Dismissed - JULY 2017
At a roadblock, police claimed my client had a strong odor of alcohol coming from her vehicle as well as my client having red, glassy eyes. She was then asked to perform the Field Sobriety tests. After that, she was submitted to a portable breath test, which read at a .106% and was used as evidence against her.
Imprisonment for not more than 2 1/2 years, or not less than $500, or both, plus $50 Victims of Drunk Driving Assessment, $250 Head Injury Assessment, and license revoked for 1 year.
The charge was dismissed after I filed a motion to suppress and a motion to dismiss. Specifically, I filed a motion to dismiss the roadblock involved in my client's case, which convinced the District Attorney's Office to dismiss the case. Additionally, the District Attorney's Office also dismissed the case based off of a motion to suppress regarding the preliminary/portable breath test. The reason behind this was because after obtaining discovery on the portable/preliminary breath testing device (Draeger 6510), I learned that the trooper did not utilize the device correctly. Therefore, his determination regarding probable cause was flawed.