Driving While Intoxicated – DL Hearing DISMISSED
My client was arrested for DWI in
The Trooper reported that my client had a strong odor of alcohol coming from his breath, had bloodshot eyes, and had urinated on himself..
My client REFUSED A BREATH TEST.
My client did the Standardized Field Sobriety Tests (SFSTs). My client didnâ€™t know he could refuse the tests. The Trooper said my client exhibited all 6 clues of intoxication on the HGN (eye jerking) test. The Trooper said that my client displayed 5 of the 8 clues of intoxication on the Walk & Turn test. On the One Leg Stand test The Trooper reported that my client swayed, used arms for balance and put his foot down three times.
We appealed the so called “automatic” suspension of his driver’s license. We filed discovery requests and subpoenaed all the Troopers involved to justify our client’s arrest and the suspension. At the Hearing, DPS realized that they werenâ€™t going to be able to prove all the necessary elements necessary to suspend my clientâ€™s license. DPS agreed to dismiss the Suspension Case. His LICENSE WAS NOT SUSPENDED.