DWI DISMISSED

Case Recap

Client was referred to The Adamo Law Firm by another attorney to represent him on a driving while intoxicated charge.

Around 3 in the morning, client was stopped by police for traveling over 3xs the speed limit.

The officer alleged the odor of alcohol, red, glassy eyes, slurred speech, and client’s admission to drinking as the basis for detention and further investigation.

On the field sobriety exercises the officer noted 6/6 clues on the HGN (eye) test, 2/8 clues on the Walk & Turn (walk the line) test and 3/4 on the one leg stand.

The officer requested a breath or blood test and client refused. A search warrant was signed and blood was drawn nearly 3 hours after the officer witnessed our client driving. The blood result came back at 0.10.

Amongst other defenses it was pointed out to the prosecutor that:

  • Speeding is not a sign of intoxication per the National Highway Traffic & Safety Administration (NHTSA);
  • Having just recovered from foot surgery, client was not a good candidate for the field sobriety exercises and despite the officer knowing this, had client perform the exercises;
  • The Search warrant was supported by an unlawful search warrant affidavit and the blood was subject to suppression; and
  • Even if the blood came into evidence, extrapolation (“going in back in time”) facts did not exist to show what client’s BAC may have been at the time of driving;

Initially the prosecution refused to dismiss the DWI and offered either probation or time served (credit for the night arrested). Client refused and the case was set for trial.

On the day of trial The Adamo Law Firm announced ready and the State subsequently dismissed the case.

A great victory for client and proof that good things happen when cases are set for trial.

If you or someone you know is arrested for an intoxication crime, contact The Adamo Law Firm and give yourself the best chance to win your case.

Sam Adamo