Judge Tosses DWI Case Against Ex-Head of the FAA by Bo Kalabus

bo@kalabuslaw.com
Office: 972-562-7549
Collin County 24 Hour Jail Release 214-402-4364
www.rosenthalwadas.com

Late last week in Fairfax, VA, General District Judge, Ian O’Flaherty, dismissed the DWI case pending against former head of the Federal Aviation Administration, Randy Babbitt. According to police, Mr. Babbitt was pulled over for allegedly driving on the wrong side of the road in December. He was subsequently arrested for driving under the influence. When the news of the arrest became public, Mr. Babbitt resigned his position with the FAA.

Mr. Babbitt’s case was set for trial and from what I can glean from the news accounts it appears Mr. Babbitt’s lawyers filed a motion to suppress the traffic stop. This is lawyer speak for arguing that the police had no reasonable suspicion to stop Mr. Babbitt in the first place. In a DWI case, if the police had no reasonable suspicion to make the traffic stop, it does not matter how the person did on the filed sobriety tests, or what their blood alcohol content was because everything that happened after the bad stop is thrown out. And that is exactly what happened in Mr. Babbitt’s case. After review of the police videotape of Mr. Babbitt’s traffic stop at the suppression hearing, Judge O’Flaherty agreed that the stop was just a “hunch” and dismissed the case prior to prosecutors being able to present evidence of Mr. Babbitt’s alleged intoxication. The videotape showed Mr. Babbitt making a normal left turn into a parking lot.

This goes to show that all DWI cases are alike and they can be successfully defended. If you are accused of a DWI, you should have your case reviewed by a competent attorney to make sure your rights are protected.

 

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