How We Convinced a Judge to Get a DUI Dismissed

November 1, 2019 | Alcohol, Blog, Case Study, DUI

Cross-Examining the Police Officer

During our motion hearing to get a DUI dismissed, I had the chance to cross-examine the police officer on his investigation. The officer was supposed to instruct and evaluate Mike based on the Standardized Field Sobriety Tests (SFSTs) that were created by the National Highway Traffic Safety Administration (NHSTA). I have attended the same training the officer had attended during the police academy, so I knew exactly how to attack his testimony.

Despite testifying that Mike had failed the field sobriety tests when questioned by the prosecutor, I was able to turn his testimony around. The officer admitted that he failed to properly perform the Horizontal Gaze Nystagmus Test (HGN). He followed up that testimony by confirming that Mike actually performed well on the rest of the tests.

Finally, he admitted that he administered the PBT to Mike only six minutes after making contact with him. This is a violation of Michigan’s Administrative Rules. We concluded the cross-examination and left the decision up to the judge.

Facing DUI charges? Unhappy with your current attorney? Request a free consultation now.

DUI Dismissed

The judge took some time to review the evidence. After an hour-long discussion with myself and the prosecutor, the judge determined that the HGN test should be thrown out. She also determined that Mike did in fact “pass” the field sobriety tests.

Finally, she threw out the PBT test due to the officer’s failure to properly administer the test. Therefore, the judge determined that the officer lacked probable cause to arrest Mike. The case was dismissed, clearing Mike’s criminal record and his future.

Why Hire a DUI Attorney?

Many people wonder why they should hire a DUI attorney for their first offense DUI. The answer to your question can be given by Mike. Had Mike continued without an experienced DUI attorney, he would currently be on probation with a DUI on his record.

Unfortunately, not everyone can afford an attorney who specializes in DUI. Moreover, not every case has the appropriate facts to lead to a dismissal. However, you will never know if your case is winnable unless you invest in your defense.

*Name has been changed to protect client’s privacy.

Facing DUI charges? Unhappy with your current attorney? Request a free consultation now.

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