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D.W.I./D.U.I./O.U.I.

“Client stopped for weaving. The police officer officer detected and odor of alcohol coming from client. Client admitted to drinking. Client submitted to the standardized field sobriety tests after which he was arrested. Client subsequently submitted to a breath test with a result of .13 BrAC. Client rejected State’s plea offer and opted to go to trial. At trial the defense cross examined the officer regarding how he instructed client to perform the standardized field sobriety tests. The cross examination revealed that the officer failed to administer each one of the the standardized field sobriety tests correctly. Further, cross examination revealed that many key parts of the officer’s testimony were directly contradicted by his own written report. The defense moved to dismiss the case arguing that the officer did not have probable case to arrest client for DWI. The Judge agreed.”

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