This case involved a client alleged to be DUI with a prior and while on probation, with a high blood alcohol level.
The case was dismissed for the unlawful detention of my client, the driver. Law enforcement received a report that led to my client being stopped at about 3 AM. The officer involved in the stop also claimed my client violated the posted speed limit, an additional basis to uphold the initial detention.
At the hearing on the motion to dismiss, the prosecutor failed to establish a constitutionally sufficient basis to uphold the stop based upon the radio report and simple math disproved the officer’s claim of speeding. Case dismissed.