DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
My client, a 26 year old recent college grad with her entire life ahead of her, came with her father to meet me last year. The case certainly presented its fair share of evidentiary obstacles, including a breath test of .153 which is almost twice the legal limit of .08. When I sat down to study the DUI video made at the time of the arrest, I braced myself for the worst. Much to my delight, my client exhibited no signs of impairment and I was encouraged that victory was at hand. I set about to suppress the evidence of the breath test based on my opinion that there was no probable cause to make the arrest. On the date of trial, the state caved in and offered my client a reduction in charges from DUI Enhanced (because the breath test was greater than .150) to reckless driving with no permanent criminal conviction that can be sealed and expunged from her record.