Violation: DUI and Possession of Handgun
Result: Allowed to Plead to Lesser Charge and Retain Driving Privileges and Personal Firearm
Additional Case Details: Our client was charged with DUI and possession of a handgun while impaired. Research showed the police officer stopped the Defendant’s car after a report that a tan jeep was driving poorly. The officer pulls behind our client’s blue jeep and followed it for several miles. Upon stopping the car, the officer reported the driver appeared to be impaired. My investigators uncovered the police call logs which showed that the citizen report called in concerning a tan jeep, during daylight hours, and our client was driving a blue jeep. Further investigation upon obtaining the video of the stop and arrest revealed the driving of the client’s jeep and showed the driving was not indicative of an impaired driver.
After consenting to a blood test, the blood alcohol result was over twice the legal limit and our client was arrested for DUI. After filing a motion to suppress the stop of the vehicle based on the officer lacking reasonable suspicion for the stop and combining this legal defense with appropriate education on the clients behalf, including DUI school and a Mother Against Drunk Driver’s Impact panel, the DUI charge was amended to a lesser charge. The driver retained her driving privileges. Review of the warrant and video revealed that, although the client was charged with possessing a firearm, it was actually locked in a safe box and unloaded. The gun charge was dismissed and the weapon returned to the client.