Breath Test – .193

City manager contacted police to report a reckless driver who could not properly drive in a lane and had almost hit a guardrail.  Police responded and observed client hit the curb and drive aimlessly in a parking lot.  Video showed Client perform very poorly on sobriety tests, even falling to the ground. Client told officers this was the first time she drank alcohol in her life.  On cross-examination, police officers had differing accounts of what actually happened and contradicted each other as well as the video and their own reports.   Client wanted to take the stand and testified under oath that the officers were not truthful about her driving.  Attorney Segura argued the state failed to offer evidence justifying a reasonable suspicion to make initial detention.  Judge did not believe officers’ testimony and granted Segura’s motion to suppress all evidence due to an unconstitutional detention.  The judge then entered a verdict of Not Guilty.

By : admin | June 17, 2020 | DUI