2nd DWI

Charge Faced: 2nd DWI

Case Result: Case Dismissed

Dianne, who had a prior DWI conviction, was driving home and made a left hand turn onto her street.  A police officer was approaching and claimed that she failed to yield right of way to his police car and he pulled her over in her driveway.  She had a strong odor of alcohol on her breath, slurred speech, and watery eyes.  She refused all sobriety testing and refused to get out of her car.  Once out of the car she tried walking away and briefly struggled with the officers when taken into custody.  I went to the scene on a Sunday and with help of my paralegal, took measurements to prove the distance between the officer’s car and her car.  We had still frame pictures from the police dashcam that enabled us to make accurate measurements.  We further did research and found case law that held an officer loses the right to claim someone failed to yield right of way when they are driving above the speed limit.  We had a motion to suppress the legality of the stop and the motion was granted and the case dismissed.

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