| Jul 25, 2012 | Case: CTC11-6024XDVANC-L | Judge Vaccaro |
| Facts: | The defendant was stopped for not being able to maintain proper lane positions and then veered into an other lane narrowly missing two other cars. He then pulled into a gas station and was ordered out of the car. The officer then noticed bloodshot/watery eyes, unsteadiness, a fumbling dexterity, and mumbling speech. The officer also noticed a white frothy substance on the corners of the defendant's mouth. The officer suspected that he was impaired by a chemical and/or controlled substance and requested the defendant to perform field sobriety tests which the defendant refused. He was arrested for DUI and then later refused a urine test. After his arrest for DUI, the officers found Hydrocodone and also charged him with felony possession. | |
| Defense: | Pre-trial, Parks & Braxton presented prescription evidence to the State that the defendant had a valid prescription of the hydrocodone at the time of the arrest. Also, prior to the jury trial date, we pointed out to the State that the officers had an in-car video camera. However, they never filmed the defendant for almost the entire time of the DUI investigation. Rather, they filmed the gas station for almost the whole time. | |
| Result: | The State Dismissed the Felony possession charge and on the day of jury trial they Dropped the DUI. It should be noted, this is the second time the firm has gotten this client's DUI dropped in the past five years. | |