This case highlights the importance of fully litigating the ALR case. The transcript from that hearing was then used to convince the prosecutor to dismiss all charges even though blood testing revealed a blood alcohol concentration of .238.
At the ALR hearing, the officer testified that Client was detained because he had been parked outside a former girlfriend’s house and it was reported that he had been “known to drink alcohol and was possibly intoxicated.” The officer agreed that Client’s driving was normal and legal. The officer acknowledged that although he smelled an odor of alcohol, Client’s mental and physical faculties appeared normal at all times prior to arrest. Client refused all tests and was arrested Segura used ALR transcript to convince prosecutor that police had no constitutional basis to detain Client and that search warrant was obtained without probable cause due to inadequate affidavit. Prosecutor agreed and case was dismissed a few days before trial.