DUI DISMISSED WITH PREJUDICE
Enrique was stopped for speeding and arrested for DUI. His alleged breath test result was .17 - over twice the legal limit. Although he had no other criminal history, the prosecutor would not offer to reduce the charge. Several months after he was charged, Enrique hired Dan Gerl with the goal of getting a reduction in the charge. Dan quickly learned that the audio/video recording of the incident had been destroyed due to negligence on the part of the Sheriff's Department.
Despite pointing this out, the prosecutor's office refused to budge. Dan asked the court to dismiss the case for "governmental misconduct," but the court denied his motion.
Dan fought on, arguing that the officer lacked probable cause to stop Enrique based on a lack of evidence showing he had in fact been speeding. Dan was able to get the arresting officer to admit on the stand that the radar device could have been affected by rain the evening of the stop, along with several other discrepancies. This time, the judge agreed, and after finding that the officer lacked reasonable suspicion to stop Enrique, the case was dismissed.
Practice area(s): Criminal Defense, DUI / DWI