We recently had two more DUI cases dismissed. In both cases, there were accidents and high blood alcohol levels.
1. Mr. C was in an accident in which he hit a parked car. When the police arrived, he was in the driver's seat, trying to move the car and bleeding from a head injury. The police took him to the hospital where a nurse took his blood. The blood test showed an alcohol level of 0.17%, more than twice the legal limit. We filed a motion to suppress evidence. Halfway through the hearing on our motion, the District Attorney asked the judge to dismiss all charges. Mr. C now has no criminal record and his driving privileges have been restored.
2. Mr. K's vehicle hit and tree and then went down an embankment into a creek bed. An ambulance took him to the hospital. The police got a search warrant to take his blood, which showed an alcohol level of 0.24%, three times the legal limit. We filed a motion to suppress evidence. After a two-hour hearing, the judge agreed that the police had violated Mr. K's 4th Amendment rights and ruled that the blood test could not be used against him in court. All charges were dismissed. Mr. K has a clean criminal record and no suspension on his driver's license.
