| Jun 17, 2013 | Case: 6650-XEM | Judge Ortiz |
| Facts: | The defendant was first scene in his car in an alleged high crime / prostitution area. Officers then saw a woman subsequently get in and out of his car after an unknown period of time. They then followed the defendant and conducted a traffic stop. Once stopped, officers observed the defendant to have an odor of alcohol, sluggish movements, and blood-shot eyes. They then called for a DUI Unit to come and further investigate. The defendant admitted to drinking and failed every road side test. He was then arrested for DUI. After his arrest, he blew a .114 and .117 in the breath machine. This was the defendant's Second DUI. | |
| Defense: | Parks & Braxton filed a pre-trial motion to suppress the lawfulness of the traffic stop. In our motion, we alleged there was no reasonable suspicion of a crime which would give rise to legally stopping the defendant's vehicle. The Judge agreed, Granted the motion, and threw out all of the evidence. | |
| Result: | The DUI was dismissed. | |