DUI Dismissed Morning of Trial, May 2025

Client was charged with DUI, speeding, and open container violation. Officer initially stopped Client for speeding 17 miles per hour over the speed limit. Officer reduced the speed on-scene and wrote the Client a citation for speeding 14 miles per hour over the speed limit.

While the officer was handing the Client the citation, he saw an empty wine bottle in the Client’s passenger floorboard, which was littered with trash. Even though the officer saw nothing to lead him to believe the Client was driving under the influence before he handed Client the citation, he made the Client get out of the car. Client agreed to do standardized field sobriety testing, and the officer claimed he demonstrated clues on the tests that indicated impairment due to intoxication.

Client was arrested and charged with DUI, speeding, and an open container violation.

From the beginning, Leslie knew the Client was not driving under the influence because if the officer had believed the Client was impaired when he issued the speeding citation, he never would have given it to him, ready to let the Client return to the road.

But the State insisted that the officer seeing the empty bottle in the floorboard gave him probable cause to conduct a DUI investigation, and prosecuted the Client for all three charges. Leslie filed a motion to suppress, and it was granted in part and denied in part.

On the morning of trial, after a couple of years–yes, years (!)–the State finally realized the prosecution was flawed. Client entered a plea to speeding 14 miles per hour over the speed limit, which was not reported on his driving history, and the DUI and open container violation were dismissed.

Although it took a while to get this result, it was the best resolution because the Client avoided a DUI conviction, avoided points on his license, and nothing was reported on his driving record from the case.

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