A Recent Case Win–.127 BAC DWI Not Guilty

bo@kalabuslaw.com

www.kalabuslaw.com
www.rosenthalwadas.com

972-562-7549
214-402-4364 (24 hour jail release)

The client was pulled over on a report of reckless driving that was made via a 911 call to police dispatch by another driver. When the officer came up on my client her driving looked pretty good prior to the stop save for one swerve into the other lane. When the officer came up to my client’s window, he took her driver’s license and asked her numerous questions. After contact with my client, the officer noticed she had watery eyes, but did not smell of alcohol. The officer went back to his police car and commented to his fellow officer on the open microphone in the vehicle that he did not think my client had been drinking. After that statement, the officer went on to continue his investigation by conducting the field sobriety tests, which ultimately lead to my client’s arrest.

I urged a Motion to Suppress the vehicle stop because of the comment the officer made that he did not think my client had been drinking. The officer’s primary reason for the stop was to investigate the reckless driving charge. After the arresting officer had a chance to speak to my client and not see any real signs of intoxication–as evidenced by his comment–I argued that his reason for the traffic stop was over and the officer lacked reasonable suspicion to continue a DWI investigation. Following arguments, the judge granted the Motion. With the reason for the stop now moot, we proceeded to a bench trial before the judge that found my client not guilty.

In the final analysis, this was a rushed decision to pull the client over. The evidence at the hearing on the Motion to Suppress just did not support the reason for the vehicle stop and the case dismissed. The client was relieved and very pleased with the result.

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