DUI CASE WITH .24 BLOOD TEST & ACCIDENT DISMISSED
Driver went off the road and into a ravine.
He was taken by ambulance to the hospital in a neck brace. The police got a warrant to take a blood sample. The blood test showed a BAC of 0.245, three times the legal limit.
We filed a motion to suppress evidence and have the warrant deemed invalid because the cop didn't lawfully arrest our client. The judge agreed that the police violated our client's Fourth Amendment rights and ruled the blood test could not be used against him in court. CASE DISMISSED.
Our client walked away with no criminal record, no driver's license suspension and no negative consequences.
Practice area(s): DUI / DWI