21-year-old Client was driving without headlights late at night.  DPS Trooper noticed the smell of alcohol and client admitted he had been drinking.  The Trooper ordered Client to get out of the vehicle and began sobriety testing.  Client was arrested and refused to take a breath test. At trial and on cross-examination by Attorney Segura, the trooper agreed that before beginning sobriety tests Client’s mental and physical faculties appeared completely normal.  The trooper went on to agree that the only reason for detaining Client was because he had been drinking.  Attorney Segura asked the Judge to suppress all evidence because the DWI investigation was unlawful.  The Court agreed and Segura’s motion was granted.  The jury return a verdict of Not Guilty.

By : admin | May 23, 2020 | DUI